Пътуване на дете в чужбина: принципите на семейното право и съдебната практика
Child relocation: principles of Bulgarian Family Law and the case law

Summary/Abstract: FAMILY LAW // The article discusses the current status of legislation and judicial practice on child relocation disputes between parents. For many reasons, including the increased free movement of Bulgarian citizens within the European Union, this issue becomes highly controversial. The relevant statutory regulations change frequently and the logic of these changes is not always clear. Until very recently the power to control child relocation cases was vested on the police. The child could have been stopped at the border on the basis of objection of a parent for the child to leave the country. A new regulation is in place (within the Family Code, Article 127a) from December last year that transfers the power to resolve the disputes of parents on this issue to the civil court. Resulting from that unstable regulatory framework, the efforts of the judiciary to minimise its harm for parents and children have been enormous. The related case law, which is enormous, is produced by two parallel jurisdictions, which is another problem – by the administrative courts and by the civil courts. Above all, the legislation in question contradicts the established principles of the Family law, for instance, the ones of post divorce parenting and the mechanisms for dispute resolution of functional and post separation family. It is not to say that the challenge posed by the relocation cases to these principles is wrong. Quite opposite, it might be the point to start debating new principles that are more suitable to families of today and more importantly – to the best interests of children. In the meantime the needs of parents and children in the context of relocation have to be met by clear regulation. The article discusses the above issues in the light of both the law and the court practice.

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