The Case of Relocation and Shared Custody: A Legal Perspective

The case follows common patterns found in similar situations. A separated mother, who is the primary caregiver for three children, approaches the court in N. seeking permission to relocate to P with her children, citing professional reasons as a physician. The court grants approval; however, due to the considerable distance of approximately 850 km, the father contests the decision at the Court of Appeal in N. Nevertheless, the appellate judge upholds the original ruling, providing seemingly irrefutable reasons, especially considering prior case law.

Both older children express their support for the mother’s choice, indicating familiarity with the new city and schools. They assure that their mother guarantees no replacement of their father with her new partner and that they can visit N freely, just as the father can visit them in P. Their younger sister shares these sentiments. The appellate court recognizes these favorable circumstances, which are rarer than in previous cases, thereby legitimizing the approval given.

It is therefore surprising that the father’s appeal to the Court of Cassation was accepted, contradicting what appeared to be settled case law.

Historically, the Supreme Court has tended to favor the custodial parent’s wishes over the child’s best interests. Although recent trends suggest a slow shift towards more balanced considerations, the dominant attitude has often prioritized the custodial parent’s desires, typically the mother. The law’s intention to ensure shared custody has not been fully realized in practice, often leading to decisions that undermine the children’s needs in favor of adult preferences.

In conclusion, the principle established by the Supreme Court emphasizes the need for a careful evaluation of the child’s interests alongside those of both parents, yet it often fails to uphold the child’s rights adequately.

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