El traslado lícito de menores: las denominadas relocation disputes

Abstract

Relocation disputes are very closely related to international child abduction and international access rights. These disputes are particularly complex because they confront three legitimate interests: those of the child’s primary caregiver who may have legitimate reasons for wanting to relocate; those of the other parent, who justifiably fears that distance will render the exercise of his/her access rights more difficult; and those of the child, who has a right to maintain a personal relationship with both parents and is unavoidably affected by their personal circumstances. This essay discusses relocation disputes under Spanish law, and highlights important shortcomings that should be addressed in the context of a new Protocol to the 1980 Child abduction Convention.