About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

8 Utrecht L. Rev. 1 (2012)

handle is hein.journals/utrecht8 and id is 1 raw text is: This article is published in a peer-reviewed section of the Utrecht Law Review Time to Move On? The International State of Affairs with Respect to Child Relocation Law Yildiz Maria Berenos* 1. Introducing the problem of child relocation In today's increasingly mobile society, it is not uncommon that - after separation - parents want to re- locate with their child for better job or educational opportunities or to live with a new partner. In these circumstances it is crucial that parents know what the rules are with respect to relocation: unfamiliarity with the question of whether and under which circumstances it is allowed to relocate could lead to child relocation that violates the law and as a consequence can be labelled as child abduction.1 Despite the importance of clear and understandable relocation law, its existence is not self-evident: not every jurisdiction appears to acknowledge the importance of having relocation law. The United States of America seems to be the country where the issue of relocation is highest on the agenda. Three American organizations have published non- binding law regarding child relocation and at least 39 American states have adopted relocation law. In Australia and Europe the issue of relocation is also a topic of debate. In addition to these national and regional developments, international developments can also be observed. In 2009 and 2010 at least three conferences were held to address the issue of relo- cation.3 Various countries worldwide were involved, among which also European countries, including European Union Member States. The fact that EU Member States were internationally involved, reflects that child relocation is also in focus in European Union Member States. However, the European Union as an umbrella body is conspicuous by its absence. To date, in the European Union the issue of child reloca- tion has not been addressed. This is remarkable because the European Union has addressed many other aspects of child-related issues, in particular with respect to cross-border relocations. * Yildiz Maria Br~nos (e-mail: y.m.berenos@uu.nl) works at the Molengraaff Institute for Private Law, Utrecht University School of Law, Utrecht (the Netherlands). Her PhD thesis, which she is currently writing under the supervision of Prof. K. Boele-Woelki, addresses child relocation from a comparative perspective. She also works as a lawyer at Groenendijk & Kloppenburg Advocaten (Leiden, the Nether- lands). 1 Child abduction is usually defined as the wrongful removal or retention of the child outside his or her state of residence, see K. Boele- Woelki et al., Principles of European Family Law Regarding Parental Responsibilities, 2007, p. 138. 2 The Australian Family Law Council has published recommendations regarding relocation that are used by courts when determining relo- cation disputes. In Europe, the Commission of European Family Law (CEFL) and the Council of Europe have addressed the issue of child relocation. 3 In 2009 the International Family Justice Judicial Conference for Common Law and Commonwealth Jurisdictions was held in Windsor, England. In 2010 the International Judicial Conference on Cross-border Family Relocation addressed the issue of relocation by publishing the Washington Declaration on International Family Relocation. Fourteen jurisdictions throughout the world were involved in the drafting process, of which four countries were European jurisdictions. Additionally, three months later in June 2010 a Conference on International Child Abduction, Forced Marriage and Relocation was held in London, England. Eighteen jurisdictions were represented, seven of which were European jurisdictions. http://www.utrechtlawreview.org / Volume 8, Issue 1 (January) 2012 I URN:NBN:NL:UI:1O-1-101431 I

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most