The decision to relocate with your child after a divorce can have a significant impact on the contact arrangement and contact with the other parent. In cases of joint custody, consent from the other parent is essential.
Consent in Joint Custody
If you have joint custody, you must ask the other parent for consent for a relocation with your child. This applies to:
- Relocations within the Netherlands over a considerable distance
- Relocations abroad
- Relocations that disrupt the existing contact arrangement
Substitute Consent via the Court
If the other parent does not grant consent, you can ask the court for substitute consent. The court takes the following interests into consideration:
| Interest of Relocating Parent | Interest of Remaining Parent | Interest of Child |
|---|---|---|
| Work, new partner, family ties | Regular contact with the child | Relationship with both parents |
| Improved living conditions | Involvement in upbringing | Continuity in school and social circle |
| Personal circumstances | Consequences of the distance | Resilience and adaptability |
Court's Assessment Criteria
The court bases its judgment on factors such as:
- The urgency of the relocation
- Possible alternatives to relocating
- Impact on the contact arrangement
- Feasibility of an adjusted arrangement
- The age and opinion of the child
- The degree of cooperation with the other parent
Relocating Abroad
A relocation abroad brings additional challenges:
- Consent from both parents or the court is mandatory
- The impact on contact is often significant
- Courts are cautious in granting consent
- A solid proposal for contact is necessary
Risk of International Child Abduction
If you relocate abroad without consent, this may be regarded as international child abduction. Under the Hague Child Abduction Convention, the child may then be returned to the country of origin.
Can my ex relocate with our child without consent?
No, joint custody requires consent. If your ex relocates anyway, you can ask the court to order the child's return or to adjust the contact arrangement.What if my job requires a relocation?
A relocation due to work may be a valid reason for substitute consent, but the court considers all interests. You must prove that the relocation is unavoidable and that you propose a suitable contact arrangement.Is adjustment of the contact arrangement necessary after a relocation?
Often yes, especially with a greater distance. A new arrangement may include less frequent but longer contact periods, such as during school holidays.Frequently Asked Questions
What if my ex-partner does not give consent for the relocation?
You can ask the court for substitute consent. Demonstrate that the relocation is essential and that you respect the interests of the child and the other parent. The court assesses whether the benefits outweigh the disadvantages.
How far can I relocate without consent?
There is no specific distance limit, but with joint custody, consent is required if the contact arrangement is affected. This often applies to relocations outside the region. Seek legal advice if in doubt.
What happens if I relocate without consent?
This may lead to legal action, such as an order for the child's return. In the case of an international relocation, this may be regarded as child abduction, with consequences under the Hague Child Abduction Convention.
How do I adjust the contact arrangement after a relocation?
Consult with the other parent about a new arrangement, for example with longer visitation periods. If no agreement is reached, the court may establish a new arrangement.
Relevant institutions in Leiden:
- Court: District Court of The Hague, Leiden Location
- Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46