Child Custody Across Borders

A parent who wants to migrate with a minor child after a divorce or separation encounters several challenges. Legal regulations define that a child cannot leave a country without the consent of the other custodial parent. In the case of an unlawful removal or withholding, regulations mandate the rapid return of the child to his or her last permanent place of residence. Due to increasing mobility and more frequent binational partnerships, international custody and contact right cases are becoming more relevant. Every year thousands of children within the EU are removed or retained by one parent in another country.

Research on this topic to date has focussed predominantly on jurisprudential questions, and sociological questions are underacknowledged and insufficiently studied. To address this, we are conducting a study on Child Custody Across Borders. The study is funded by the Austrian Science Fund (FWF). Our research focuses on the whole range of international custody and contact right cases from a social science perspective.

Core components of this study

  • Analysis of online-discussions on international custody issues
  • Interviews with experts in HCCH-proceedings
  • Interviews with family members on international custody conflicts
  • Analysis of law cases of return proceedings

This study provides the first systematic examination of experiences and dynamics in international custody, residence, and contact rights conflicts

Funding: Austrian Science Fund (FWF)
Duration: 2023-2026