Child relocation, soft law, and the quest for uniformity at the European court of human rights – part one

Abstract

Child relocation disputes, broadly speaking, involve decisions on allowing a parent to move to a new geographic location with the child, in particular to another jurisdiction. The variety of approaches to child relocation observed across the globe have in recent years prompted calls for the establishment of a common international framework to achieve greater uniformity. So far, only soft law instruments exist in this area of law, and their potential to provide for more coherent outcomes internationally has met with scepticism. This Article explores whether the European Court of Human Rights (ECHR), when faced with child relocation cases, engages with the existing soft law in a way that could allow to realize its full potential. By analysing the existing child relocation cases that have been discussed in the Court, it shows that the ECHR has engaged with the available instruments in a very limited way. Notwithstanding, the Court’s approach remains mostly in line with their objectives. It is suggested that the Court has the tools to draw greater attention to the specificities of and standards to be applied in child relocation cases, but the current lack of engagement might be a missed opportunity to provide more guidance on child relocation.