Moving abroad with a child (relocation)

When is consent required?

If both parents have joint custody of the child, consent from the other parent is required for a move. This also applies when it concerns moving abroad.

In the case of sole custody, the legal situation is different, but international complications can still arise, for example, when contact arrangements need to be adjusted.

An international relocation often has consequences for:

• the division of care
• choice of school
• contact moments
• travel distances and costs

Therefore, relocation is subject to careful legal scrutiny.

What if the other parent does not give consent?

When consent is lacking, the parent who wishes to move can petition the court for substitute consent.

The court then performs a balancing of interests. Various factors are involved in this process.

It is not the case that one interest automatically carries more weight than another. The court assesses all the circumstances of the case.

This is general information and does not constitute individual legal advice.

Which factors does the court weigh?

In relocation cases, the court looks at, among other things:

• the necessity of the move
• the preparation and substantiation of the plan
• the consequences for the child
• the continuity of care and upbringing
• the possibilities for contact with the other parent
• the degree of consultation between parents
• the division of care tasks prior to the move

In international relocations, the following are also considered:

• language and integration
• educational facilities
• travel distance
• practical feasibility of contact

The best interests of the child are paramount. This does not mean that other interests do not play a role, but they are always assessed in conjunction with one another.

International jurisdiction in relocation

When moving abroad, the question may arise as to which court has jurisdiction to decide on the request.

In many cases, the court of the country where the child has their habitual residence has jurisdiction. Within the European Union, the Brussels II-ter Regulation plays a role in this.

You can read more about international jurisdiction at:
https://simmelink.nl/familierecht/internationaal/welke-rechter-bevoegd/

If a parent has already moved with the child without consent, international procedures may follow, for example, based on the Hague Convention on International Child Abduction.

International jurisdictional issues require careful analysis before further steps are taken.

Relocation and the Hague Convention on International Child Abduction

When a child is taken abroad without consent and joint custody exists, this may constitute wrongful removal.

In that case, the left-behind parent can start a return procedure based on the Hague Convention on International Child Abduction.

This is a separate legal procedure with its own assessment framework. Its purpose is not to directly assess the merits of the move, but to restore the original residence situation.

Therefore, it is important to act carefully in advance regarding international relocation plans.

Relocation within an international divorce

Relocation regularly plays a role in the context of an international divorce.

For example:

• one parent wants to return to the country of origin;
• an expat assignment ends;
• a new job abroad presents itself.

In such situations, both the divorce and the relocation must be legally assessed.

You can read more about international divorce at:
https://simmelink.nl/familierecht/internationaal/echtscheiding/

For strategic guidance in international divorces:
https://simmelink.nl/familierecht/internationaal/echtscheidingsadvocaat/

How do we guide relocation cases?

Relocation requires structure and forward-thinking. We generally work in the following steps.

1. Analysis of custody and the current care arrangement

We map out who has custody and how care is divided.

2. Assessing international jurisdiction

We investigate which court has jurisdiction and which rules apply.

3. Estimating legal feasibility

Based on case law and statutory criteria, we discuss the relevant factors.

4. Preparation of the relocation plan

A well-substantiated plan is essential. This may include:

• housing
• school
• long-distance care arrangement
• division of travel costs

5. Consultation or procedure

In some cases, consultation is possible. In other situations, a procedure is necessary.

You will have one dedicated lawyer who manages your file and maintains the overview.

Schedule a consultation

Case Studies

1. Expat family returning to country of origin

In one case, we assisted a parent who wanted to return to their country of origin after the termination of an expat assignment. Both parents had joint custody. The court assessed, among other things, the preparation of the move, the care arrangement, and the possibilities for structural contact.

In international relocation cases, we regularly see that a carefully developed plan can be decisive in the balancing of interests.

2. International relationship breakdown and new employment

In another case, a discussion arose regarding a move to another EU country in connection with work. The court included in its assessment the existing division of care, the practical feasibility of contact, and the impact on the child.

In such situations, relocation requires an integrated assessment of custody, international jurisdiction, and practical feasibility.