Parental relocation Free movement rights and joint parenting

Abstract

As joint parental authority increasingly becomes the legal norm applied in situations where the parents do not live together, for example, after divorce or the breakup of a relationship, the settlement of disputes regarding the concrete exercise of parental authority gain relevance. A common dispute concerns the relocation of the resident parent. How do the courts deal with relocation disputes? Is relocation dealt with even-handedly between resident and non-resident parents? Do the same principles apply to relocation inside and outside the jurisdiction? This article compares the approaches taken in Dutch and Danish law, as well as the Principles on Parental Responsibilities drafted by the European Commission on Family Law.