ABSTRACT

Relocation cases are disputes between separated parents that arise when one parent proposes to move to a new geographic location with his or her child and the other parent opposes the proposal. Relocation disputes are widely recognised as being among the most difficult cases faced by family courts. In fact, these cases and their regulation are the subject of debate at both national and international level. In any case, the decision on relocation cannot be taken unilaterally; therefore, if the relocation is not consensual, judicial intervention will be required. In this respect, the Spanish Supreme Court rules out the application of shared parenting when there is a great distance between the parents’ homes. The choice of the parent to be granted sole custody is based mainly on the expert’s psychosocial report, which will take into account the child’s age, place of residence, relationship with the parent and other family members while respecting the principle of the best interests of the child.