{"id":5344,"date":"2025-02-13T16:34:32","date_gmt":"2025-02-13T15:34:32","guid":{"rendered":"https:\/\/familylawyer-thehague.nl\/?p=5344"},"modified":"2025-02-13T16:35:13","modified_gmt":"2025-02-13T15:35:13","slug":"sole-custody-but-not-allowed-to-relocate","status":"publish","type":"post","link":"https:\/\/familylawyer-thehague.nl\/fr\/sole-custody-but-not-allowed-to-relocate\/","title":{"rendered":"Sole custody, but not allowed to relocate"},"content":{"rendered":"

Despite having sole parental authority, the mother is obliged to relocate back<\/strong><\/p>\n

A mother relocated with her daughter to a place 200 km away from the father, without the father knowing. Although she had sole parental authority, the court of appeal ruled that the mother must relocate back. The reason? The mother had failed to facilitate contact between the father and their daughter and neglected to keep the father informed about their daughter\u2019s well-being.<\/strong><\/p>\n

Facts<\/strong>
\nDuring their relationship, the parents had a daughter, now four years old. Although the father acknowledged his daughter, the mother retained sole parental authority. After the breakup in 2021, the parents signed a settlement agreement stating that visitation would occur by mutual agreement, without a fixed schedule. They also agreed that the mother would inform the father of significant decisions regarding their daughter.<\/p>\n

In August 2023, the mother moved with her daughter to a location 200 km away from the father without his knowledge, which led the father to initiate legal proceedings.<\/p>\n

Decision court December 1, 2023<\/strong>
\nThe court established a provisional visitation schedule allowing the father to have supervised contact with his daughter once a month, with the mother being responsible for transportation. Meanwhile, the Child Care and Protection Board was requested to assess the parental authority and the future contact structure between the father and his daughter. All other decisions were postponed.<\/p>\n

Recommendation Child Care and Protection Board July 24, 2024<\/strong>
\nThe Child Care and Protection Board considered itself insufficiently informed, as is had not become clear to what extent the father, due to his intellectual disability, was able to meet his daughter\u2019s needs and what was maximally feasible in his regard. Therefore, they advised delaying the final decision on the visitation arrangement for nine months, awaiting the involvement of a specialized visitation support organization to further investigate the future contact structure between the father and his daughter.<\/p>\n

Additionally, they advised the court to increase the visitation frequency to once every three weeks and to require the mother to keep the father informed about their daughter\u2019s well-being. They also advised the court to deny the father\u2019s request for joint parental authority.<\/p>\n

Decision court August 6, 2024<\/strong>
\nThe court established a new visitation schedule, allowing the father to see his daughter every two weeks, with a gradual increase in duration of hours. The father\u2019s requests for joint parental authority and for the mother to relocate back were denied.<\/p>\n

Decision court in summary proceedings October 16, 2024<\/strong>
\nDespite the decision of the court of August 6, 2024, the mother refused to comply with the visitation arrangement arguing it conflicted with the Child Care and Protection Board\u2019s advice. While awaiting the court of appeal\u2019s ruling, the court in summary proceedings ordered the mother to adhere to the visitation schedule set by the court on August 6, 2024, subject to a penalty of \u20ac 250,00 for each time she fails to comply, up to a maximum of \u20ac 5.000,00.<\/p>\n

Mother\u2019s request<\/strong>
\nThe mother requested the court of appeal to annul the lower court\u2019s decision of August 6, 2024 and to order that the visitation between the father and his daughter should take place under the supervision of a specialized support organization. This organization should oversee the process, determining how the visitation arrangement can be gradually expanded and how supervision can be phased out when appropriate. Alternatively, the court is requested to establish a visitation arrangement as it deems appropriate.<\/p>\n

Father\u2019s defense<\/strong>
\nThe father requested the court of appeal to dismiss the mother\u2019s appeal and compel her to comply with the visitation schedule set by the court on August 6, 2024 or as determined by the court of appeal, subject to a penalty of \u20ac 250,00 for each time she fails to comply.<\/p>\n

Additionally, he requested the court to order the mother to relocate back by February 1, 2025, or another reasonable deadline, subject to the same penalty. The father also asked for joint parental authority or, alternatively, an information-sharing arrangement.<\/p>\n

Circumstances<\/strong>
\nA few circumstances did not favor the mother\u2019s case:
\n\u2022 Despite the mother\u2019s claim of cooperating with the contact between her daughter and the father, she seems to want it to take place under her conditions. The mother prematurely terminated supervised visitations twice and she also has attempted to block visitations twice. Even after the decision of the court of August 6, 2024, the mother refused to comply.
\n\u2022 The father only learned about the mother\u2019s relocation after filing legal petitions.
\n\u2022 The court of appeal found no valid reason for the mother to relocate.
\n\u2022 The child, at 4.5 years old, was not yet attending school in her new place of residence.
\n\u2022 The mother had failed to keep the father informed about the well-being of their daughter, which information is also necessary for the father to shape the moment of interaction with his daughter in a positive way.<\/p>\n

Decision court of appeal<\/strong>
\nSince the mother had sole parental authority, she was initially free to choose where she wanted to live with her daughter. However, even with sole parental authority, the law requires a custodial parent – in this case the mother – to promote the child\u2019s relationship with the other parent. If this obligation is not met, the right to relocate can be restricted.<\/p>\n

The court of appeal considers it to be in the best interest of the child to live closer to her father before she is required to attend school at the age of five. This would allow visitation to take place in a less burdensome manner and enable the father and his daughter to build a bond more easily. In this regard, the court of appeal finds it more important to note that, due to the father\u2019s intellectual disability, maintaining a visitation arrangement is more likely to be challenged. The court of appeal considers that the mother is expected to take this circumstance into account.<\/p>\n

Furthermore, the court of appeal has found no evidence that the current visitation arrangement, in which a family member of the father supervises the visits, is not in the best interest of the child. Therefore, the mother\u2019s request is denied.<\/p>\n

The court of appeal ordered the mother to relocate back to a place of residence within a 25 km radius of the father\u2019s home by April 1, 2025, subject to a penalty of \u20ac 250,00 for each day she fails to comply, up to a maximum of \u20ac 25.000,00. Additionally the court of appeal ruled that sole parental authority would remain with the mother and the court of appeal granted the father\u2019s request for a structured information-sharing arrangement.<\/p>\n

Appeal court of Arnhem-Leeuwarden, 16-01-2025, ECLI:NL:GHARL:2025:219<\/a><\/p>\n

 <\/p>\n

Plus d'informations sur child relocation<\/a>.<\/p>","protected":false},"excerpt":{"rendered":"

Despite having sole parental authority, the mother is obliged to relocate back A mother relocated with her daughter to a place 200 km away from the father, without the father knowing. Although she had sole parental authority, the court of appeal ruled that the mother must relocate back. The reason? The mother had failed to […]<\/p>\n","protected":false},"author":3,"featured_media":5345,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[204],"tags":[],"class_list":["post-5344","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-child-relocation"],"yoast_head":"\nSole custody, but not allowed to relocate - Family Lawyer The Hague<\/title>\n<meta name=\"description\" content=\"Despite having sole parental authority, mother is still obliged to relocate back to where the father lives.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" 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