The decision to move with your child after a divorce is far-reaching and can affect the contact arrangement and contact with the other parent. In the case of joint custody, the consent of the other parent is required.
Consent in Case of Joint Custody
If you have joint custody, you must ask the other parent for permission to move with your child. This applies in the following situations:
- Move within the Netherlands over a considerable distance
- Move to another country
- Any move that affects the existing contact arrangement
Substitute Consent via the Court
If the other parent does not give consent, you can ask the court in The Hague (district for Zoetermeer) for substitute consent. The judge takes the following interests into account in the balancing:
| Interest of Moving Parent | Interest of Non-Moving Parent | Interest of Child |
|---|---|---|
| Work, new relationship, family ties | Regular contact with the child | Relationship with both parents |
| Improved living situation | Role in upbringing | Continuity in school and social circle |
| Personal reasons | Effect of the distance | Resilience and adaptability |
Assessment Criteria of the Judge
In the decision, the judge looks at various aspects, such as:
- The urgency of the move
- Possible alternatives to moving
- The consequences for the contact arrangement
- The feasibility of an adjusted contact arrangement
- The age and opinion of the child
- How the moving parent deals with the interests of the other parent
Move Abroad
A move abroad brings additional complications:
- Consent of both parents or the court is necessary
- The impact on contact is often greater
- Courts are cautious in granting permission
- A solid proposal for a new contact arrangement is essential
Risk of International Child Abduction
If you move abroad with your child without permission, this may be regarded as international child abduction. According to the Hague Child Abduction Convention, the child must in that case return to the country of origin.
Can my ex-partner move with our child without my permission?
No, in the case of joint custody, permission is mandatory. If your ex still moves, you can ask the District Court of The Hague to order the child to move back or to adjust the contact arrangement.What if I have to move for work?
A move due to work can be a valid reason for substitute consent, but the judge considers all interests. You must prove that the move is unavoidable and that you propose a suitable contact arrangement.Is adjustment of the contact arrangement necessary after a move?
Usually yes. With a greater distance, the current arrangement may become impractical. You can agree with the other parent to have, for example, less frequent but longer contact, such as during school holidays.Contact and Assistance in Zoetermeer
For legal advice on moving after divorce, you can go to the Juridisch Loket Zoetermeer. They offer free support and can refer you to a lawyer or mediator if necessary. For matters regarding substitute consent, you can file a request with the District Court of The Hague, which covers the district for Zoetermeer.
Frequently Asked Questions
What to do if my ex-partner does not give permission for the move?
You can ask the court for substitute consent. Demonstrate that the move is essential (for example, for work or family) and that you respect the interests of the child and the other parent. A proposal for a new contact arrangement can strengthen your request.
How far can I move without permission?
There is no specific distance set, but in the case of joint custody, permission is needed for moves that affect the contact arrangement, often outside the Zoetermeer region. Always seek legal advice in case of doubt.
What happens if I move without permission?
This can lead to legal steps, such as an order for the child's return. In the case of an international move without permission, this may be regarded as child abduction, with consequences under the Hague Child Abduction Convention.
How do I adjust the contact arrangement after moving?
Consult with the other parent about a new arrangement, such as longer visitation periods during holidays. If no agreement is reached, the court can impose a new arrangement. Take into account the distance and the child's needs.