Cross Border Mediation

by | Jan 26, 2022

Cross Border Mediation is a means of preventing or resolving conflicts over the residence of children. The mediation process addresses the specific practical, legal and emotional issues that arise when parents have or wish to have their habitual residence in different countries and the implications of this for the children.

During the mediation, discussions can be held about how the care arrangement can be implemented if the children live in one country and how it can be implemented if the child lives in another country. This can help to decide in which country the children should live in order to serve their best interests. It may also be that parents cannot work this out. In that case, the judge can make that decision, and then establish the care arrangement, as the parents had discussed during the mediation.

The parents can also make more far-reaching decisions during the mediation and draw up a parenting plan together. This can include various (practical) matters, where the parents preferably also consider future changes in circumstances. When are the children old enough to travel to the other parent unaccompanied? When will the new care arrangement be evaluated? How often do the parents consult about the children? How is information shared and how are decisions made jointly?