Relocation after divorce: are the children coming or not?

Is a divorced parent permitted to relocate with his or her child without the consent of the other parent? The answer to this question largely depends on the facts and circumstances of the case in question.

Practice

In practice it often occurs that several years after the divorce, or even during the divorce proceedings, the main caretaker feels the need to move. A common reason for this is a new partner who lives elsewhere in The Netherlands or even abroad. Other times the divorced individual (as an expat for example) may wish to return to his or her home country to be closer to their original social and family network. Of course, there could be many reasons for relocation or emigration.

This raises the question whether the main caretaker has permission to relocate with the child to a different city or country against the will of the remaining parent.

Permission

The answer to this question is in principle negative. If the remaining parent has parental responsibility, he or she must give permission before the relocation. If the remaining parent does not give permission, the other parent can apply to the district court for substitute consent for relocation. The court must then weigh in on the opposing interests with the interest of the child playing an important role but other interests also being relevant.

Balancing of interests

Factors which could play a role in the context of such a balancing of interests are the age of the child, his or her social life, the specific needs of the child, the quality and intensity of the contact between the child and the remaining parent, the guarantees for proper contact between the remaining parent and the child after a relocation, the necessity of the relocation etc. If an ‘expat family’ arrived in the Netherlands with the objective of a temporary stay in the Netherlands, a relocation is considered differently than if it concerns a case without international aspects.

There are numerous factors which play a role in the question whether the district court will grant the main caretaker substitute consent to relocate with the child. It always remains customised work.

More information

If the above issue is relevant in your life and you would like more information, please do not hesitate to contact us.