Permission to relocate within a few weeks.
In the case of joint custody, you need the other parent’s permission to relocate with your child. If the other parent refuses to give permission, you can ask the court for permission.
Normally, this is a procedure that can take 6-12 months.
However, the Court in The Hague has ruled that it is sometimes possible to obtain permission in summary proceedings: ‘Only in exceptional cases can the interests of the minor or the caring parent justify the granting of substitute permission in summary proceedings. The interests of the minor are a primary consideration in this regard.’
This case involved a mother who had moved with the children to social housing in another place of residence (place of residence B). The man then went to court and requested a relocation ban. The court granted this and decided that the children would live with the man in place of residence A until the woman had found another home in place of residence A.
Both parents appealed.
During the appeal proceedings, it became apparent that the mother would not be able to find another home in residence A. This was partly due to the scarcity of housing in the Netherlands.
The court of appeal ruled that the woman had not acted in the best interests of the children by moving without the consent of the father or the court. The father’s interests had also been harmed, as the previous care arrangement could no longer be continued.
However, the court finds itself faced with a fait accompli. Moreover, during the interview with the children, they stated that they would like to live in place of residence B.
The court emphasizes that summary proceedings are intended for urgent cases, in which a provisional measure is granted that remains in force until a final decision has been made in the main action. The judge in summary proceedings must therefore ensure that his provisional decision does not prejudge the final decision in the main action. This also applies to a decision in preliminary relief proceedings concerning a move, because a move is a major event for minors and because a move can lead to them putting down roots in their new place of residence, making it impossible to reverse the move in the proceedings on the merits.
This case shows that in exceptional cases it is possible to obtain substitute consent from the court in summary proceedings to move with the children.