Relocating with children following the breakdown of a relationship

As society becomes increasingly international, more and more people are forming international relationships. This comes with the added risk that, following a divorce, one of the parents will want to return to his or her home country. Also here in the Netherlands, we are dealing with a growing number of relocation cases, often due to people finding a new love in another part of the country.

Relocating with children or child abduction?

Most parents are well aware that they will always have ties with each other because of their children, but they don’t always realise the far-reaching impact this has on their own lives and choices.

A parent may not relocate with the child(ren) without the consent of the other parent who has parental authority, not even within the Netherlands. If a parent flouts this requirement, and moves outside of the Netherlands, this is child abduction – a criminal offence.

Whilst the parent without parental authority is not required to give consent to a move, this does not always mean that the other parent is completely free to move. The right of parents and children to maintain meaningful contact with one another is firmly enshrined in both international and Dutch law and is also strongly emphasised in case law. Consequently, the parent without custody may request a prohibition on moving if the move means that the agreed care arrangement can no longer be maintained.

Below we will describe what a procedure for substitute consent involves in the cases where bothe parents have parental authority.

Weighing of interests

When the other parent does not give consent for relocation, one can ask the court for substitute consent. Before establishing consent, the court must weigh up the respective interests when presented with an application for substitute consent.

Whilst the child’s interests are paramount, there are other relevant interests the court needs to take into consideration:

• the main caretaker’s right to and interest in relocating, and his of her freedom to start a new life;
• the necessity fort he relocation;
• how well thought-out and well-prepared the relocation is;
• the alternatives offered by the main caretaker and measures to mitigate and/or compensate fort he consequences of the relocation fort he children and the other parent;
• the sharing of the care duties and the continuity of care;
• the rights of the parent who is left behind and the children tot he same contact with each other in their familiar environment;
• the frequency of contact between the children and the parent left behind prior to and following the relocation;
• the age of the children, their opinion, and how settled they are in their environment or whether they are accustomed to relocating;
• the (additional) costs of contact as a result of the relocation, and;
• how able the parties are to communicate with and consult each other.

Get help

If you are dealing with relocation issues, please do not hesitate to contact us. Together, we can find a fitting solution.