The starting point is that the child’s best interests should be central, but what this actually entails is not always clear. Internationally, there is little consensus on how courts should assess such cases. This emerges from research by Loran Kostense at VU Amsterdam.
She examined both court rulings and the experiences of people who, as children, went through a relocation related to their parents’ divorce. She wanted to understand to what extent legal assessments align with what children actually experience.
What truly matters for the child?
It is not the relocation itself after a parental divorce that determines how children fare, but rather parental conflict and other stressful circumstances. While courts often reject relocation requests out of concern for the child, children’s experiences show that parental conflict, financial problems, or domestic violence have the greatest impact on their wellbeing.
“Many people assume that a move can have serious negative consequences for the child,” says Kostense. “But children appear to be most concerned about tensions between their parents. It is less about where they live and more about the situation in which they grow up.”
Courts often reject requests
An analysis of Dutch court rulings between 2021 and 2023 shows that judges denied relocation requests in roughly two-thirds of cases. In their decisions, they primarily considered the necessity of the move and the importance of maintaining contact with the other parent.
At the same time, judges use different sets of assessment criteria. This means cases are not always evaluated consistently, which can lead to unpredictability in relocation rulings.
According to Kostense, legal assessments do not always align with children’s actual experiences. “Court discussions often focus largely on the relocation itself,” she explains. “But the research shows that other factors, such as parental conflict, are often much more important for children’s wellbeing. The move itself is rarely the decisive factor.”
Experiences differ widely
The study also shows that the consequences of relocation vary greatly between situations. Many children report that they were hardly involved in decisions about the move, which can create feelings of powerlessness or sadness. At the same time, support from a trusted person—such as a family member, teacher, or professional—plays an important role in coping with changes after a move.
Greater attention to children’s perspectives
The findings indicate that children’s perspectives could play a larger role in relocation cases. This could include involving children in age-appropriate ways in decision-making and considering their social environment, such as friendships and family ties.
Kostense also emphasises the importance of judges and other professionals being alert to circumstances that may be especially stressful for children, such as parental conflict escalation, financial problems, or domestic violence. A clearer and better substantiated legal framework could also help make decisions more consistent.
“If we truly want to put the child’s best interests at the centre, we should not focus only on the relocation,” says Kostense. “We need to try to understand the family dynamics in which children actually live.”
The research provides guidance for judges, lawyers, mediators, and youth care professionals to better assess relocation cases and to protect children during this challenging period of their lives.
Kostense will defend her dissertation on this research at VU Amsterdam on 22 May.