Child relocation law in Spain and in the United States : an analysis of the current legal regulation of child relocation disputes in Catalonia and in the United States’ jurisdictions

Abstract

The aim of this study is to analyze the legal regulation of child relocation law in Catalonia, Spain (as Catalonia has its own Civil Code) and in the United States, and compare the main similarities and differences between both legal systems’ regulations. For this reason, I will analyze the statutory law of the United States’ jurisdictions in order to give a general overview of the regulation of child relocation in the United States as a whole. In order to compare the approaches to this issue in both legal systems, I will first analyze what is understood by child relocation in Catalonia and in the United States, whether the relocating party has to notify the non-relocating party, how the latter should be notified, the consequence of a lack of notification, which parent has the burden of proof, and the factors the court should take into consideration when assessing relocation disputes. Therefore, I will substantially base my research on statutory law, and complement my research with case law if statutory law is lacking.