Relocating with a child after divorce and parental authority – Family law case study

Case Study – Practical Example

Background – relocating with a child after divorce

Rob and Anja divorced several years after the birth of their son, Quinn. They shared joint parental authority and cared for Quinn together in Amsterdam. When Anja decided to move to a village two hours away with her new partner, this would have drastically reduced the contact between Quinn and his father, Rob.

Challenge – substitute consent for relocation

Anja wanted to take Quinn to her new place of residence and petitioned the court for substitute consent so that she could relocate without the father’s agreement. Rob, who works in Amsterdam and does not own a car, wanted to prevent the great distance from weakening his bond with Quinn and asked the court to block the relocation.

Solution – legal support for relocation and parental authority

We helped Rob articulate his objections clearly and persuasively to the court. He explained the importance of Quinn being able to remain in Amsterdam, close to his school and social network. Rob also offered to adjust his working hours to spend more time with Quinn, which would have become more difficult if there were a greater distance between them.

Result – court decision in the best interests of the child

The court ruled that Rob and Anja first had to seek a solution together in Quinn’s best interests. When they could not reach an agreement, the court made a final decision: Quinn was permitted to stay with Rob in Amsterdam, ensuring his stability and social contacts were maintained.

Key learnings

This case highlights the importance of the child’s best interests in relocations after a divorce and demonstrates how legal guidance can help parents reach a sound solution for their child.