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The European Experience in the Field of Family Mediation in Case of a Wrongful Removal of a Child

Received: 17 June 2021    Accepted: 9 July 2021    Published: 10 November 2021
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Abstract

Mediation in the field of family law and in particular in the field of out-of-court settlement of disputes between parents is a relatively new method, especially in Eastern Europe. It helps parents whose family relationships have deteriorated to overcome the conflict situation and thus to reach a more civilized resolution of their dispute, especially in order to preserve the mental health of the child. Mediation in family law in Europe began to be implemented with smooth transitions in the late twentieth and early twenty-first century. Eastern Europe is lagging behind the development of this institute at a slow pace, but there are also processes of mediation development in the right direction. This article examines the issues and legislation in Europe in the field of family mediation and the cases when one parent refuses to allow their child to travel abroad with their other parent. The good practices of the different countries and the application of mediation in them have been scrutinized. The efficiency of the mediation method and the achieved lasting effect of the relations within the family have been analyzed. The aim of the research is to screen out the good practices of application of family mediation and to optimize its action. The objective of the article is also to strengthen the application of such an institute of alternative dispute resolution between spouses. Over time, mediation has proven to be a gentle and lasting method of achieving understanding between parents, which has a direct positive effect on their children. Preserving children's mental health is key to resolving disputes between married couples. It is for this reason that the aim of the study is to promote the application of mediation in the field of family law.

Published in Science Frontiers (Volume 2, Issue 4)
DOI 10.11648/j.sf.20210204.11
Page(s) 44-49
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2021. Published by Science Publishing Group

Keywords

Mediation, Travel, Child, Abroad, Consent

References
[1] Nigel Lowe, Nigel (QC (Hon) Lowe, Emeritus Professor of Law Cardiff University), Gillian (Professor of Law Emerita Douglas, King's College London), Gillian Douglas, Emma (Professor of Family Law Hitchings, University of Bristol), Emma Hitchings, Rachel (Associate Professor of Law Taylor, University of Oxford and Fellow in Law Exeter College Oxford), Rachel Taylor, Bromley's Family Law, Oxford University Press, 2021.
[2] Parental responsibility - child custody and contact rights, Bulgaria, via https://e-justice.europa.eu/content_parental_responsibility-302-bg-en.do?init=true&member=1, last retrieved on 7th July 2021.
[3] EU and family law, via https://www.citizensinformation.ie/en/birth_family_relationships/eu_and_family_law.html, last retrieved on 5th July, 2021.
[4] Walker J., McCarthy P. and Timms N., (1994) Mediation: The Making and Remaking of Cooperative Relationships (Newcastle upon Tyne: Relate Centre for Family Studies, Newcastle University).
[5] Parental responsibility in a cross-border context including child abduction, via https://www.era-comm.eu/EU_Civil_Justice_Training_Modules/kiosk/courses/Family_Law_Module_2_EN/Thematic%20Unit%203/kiosk/dokuments/Print_Thematic_unit_3.pdf, last retrieved on 2nd July, 2021.
[6] Pali B., Voet S., Family mediation in international family conflicts: the European context, Institute of Criminology (LINC) Katholieke Universiteit Leuven (KU Leuven), Specific Programme ‘Civil Justice’ 2007-2013.
[7] Walker, J. “Family Mediation” in J Macfarlane, (ed) Rethinking Disputes: The Mediation Alternative (1997) London: Cavendish Publishing Ltd.
[8] Conciliation Project Unit, Report on the Costs and Effectiveness of Conciliation in England and Wates, 1989 London: Lord Chancellor's Department.
[9] Kucinski, M., Mediating International Child Abductions, via https://www.americanbar.org/groups/family_law/publications/family-advocate/2020/fall/mediating-international-child-abductions/, November 1st, 2020, retrieved on 1st July, 2021.
[10] Majella Foley Friel Family Mediation Limerick, Mediating Child Abduction Cases, Legal Ease, Volume 5, Issue 5, June 2020, pp. 18-19.
[11] Recommendation No. R (98) 1 of the Committee of Ministers to Member States on Family Mediation 21 January 1998.
[12] Rešetar, B., Šego, M., Mediation in cross-border parental child abduction, https://www.pravos.unios.hr/chair-euchild/abstracts,EU Child International Doctoral Conference Osijek 15-16 March, 2018 The international Doctoral Conference Osijek entitled ‘EU Child’ is organized by the J. J. Strossmayer University of Osijek and held in Osijek on the 15-16 March 2018.
[13] Gee, I. and Elliott D., “Conciliation - A Family Model”, in T. Fisher (ed) Family Conciliation within the UK: Policy and Practice 1990 (Bristol Family Law).
[14] Folger J. P., Poole M. S. and Stutman R. Working Through Conflict: Strategies for Relationships, Groups and Organisations (New York Harper Collins), 1993.
[15] Putnam L. L. and Roloff M., “Communication Perspectives on Negotiation”, in L. L. Putnam and M. Roloff (eds) Communication and Negotiation (Newbury Park. Calif Sage), 1992.
Cite This Article
  • APA Style

    Milen Angelov. (2021). The European Experience in the Field of Family Mediation in Case of a Wrongful Removal of a Child. Science Frontiers, 2(4), 44-49. https://doi.org/10.11648/j.sf.20210204.11

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    ACS Style

    Milen Angelov. The European Experience in the Field of Family Mediation in Case of a Wrongful Removal of a Child. Sci. Front. 2021, 2(4), 44-49. doi: 10.11648/j.sf.20210204.11

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    AMA Style

    Milen Angelov. The European Experience in the Field of Family Mediation in Case of a Wrongful Removal of a Child. Sci Front. 2021;2(4):44-49. doi: 10.11648/j.sf.20210204.11

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  • @article{10.11648/j.sf.20210204.11,
      author = {Milen Angelov},
      title = {The European Experience in the Field of Family Mediation in Case of a Wrongful Removal of a Child},
      journal = {Science Frontiers},
      volume = {2},
      number = {4},
      pages = {44-49},
      doi = {10.11648/j.sf.20210204.11},
      url = {https://doi.org/10.11648/j.sf.20210204.11},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.sf.20210204.11},
      abstract = {Mediation in the field of family law and in particular in the field of out-of-court settlement of disputes between parents is a relatively new method, especially in Eastern Europe. It helps parents whose family relationships have deteriorated to overcome the conflict situation and thus to reach a more civilized resolution of their dispute, especially in order to preserve the mental health of the child. Mediation in family law in Europe began to be implemented with smooth transitions in the late twentieth and early twenty-first century. Eastern Europe is lagging behind the development of this institute at a slow pace, but there are also processes of mediation development in the right direction. This article examines the issues and legislation in Europe in the field of family mediation and the cases when one parent refuses to allow their child to travel abroad with their other parent. The good practices of the different countries and the application of mediation in them have been scrutinized. The efficiency of the mediation method and the achieved lasting effect of the relations within the family have been analyzed. The aim of the research is to screen out the good practices of application of family mediation and to optimize its action. The objective of the article is also to strengthen the application of such an institute of alternative dispute resolution between spouses. Over time, mediation has proven to be a gentle and lasting method of achieving understanding between parents, which has a direct positive effect on their children. Preserving children's mental health is key to resolving disputes between married couples. It is for this reason that the aim of the study is to promote the application of mediation in the field of family law.},
     year = {2021}
    }
    

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Author Information
  • Department of Civil Law, Faculty of Law and History, South-West University “Neofit Rilski”, Blagoevgrad, Bulgaria

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