Permission not required

Permission not required

After the end of their relationship, the mother decided to move to a new residence with her daughter. The father requested the court to compel the mother to return to their original residence, claiming that she needed his consent to relocate. The court decided that the mother did not require the consent of either the father or the court to relocate, because she has sole custody and she is not preventing contact between father and daughter, and the distance between the two cities is not that great.

Facts
During their relationship, the parents had a daughter in 2023. Although the father acknowledged his daughter during the pregnancy, the mother retains sole parental authority. After the relationship ended, the mother moved to a different residence with her daughter. This prompted the father to initiate summary proceedings.

Father’s request
The father requests the court to rule that the mother must return to the original place of residence within four weeks of the judgment being served. He also requests the court to impose a penalty payment for each day the mother fails to comply with this order. Additionally, the father requested the court to establish a temporary visitation arrangement, as he claimed to have had limited contact with his daughter since the relocation.

Mother’s reaction
The mother countered that she did not need the father’s consent to relocate, as he does not have parental authority over their daughter. She further explained that the relocation was not voluntary, as she left the home with police assistance due to escalating tensions and incidents of domestic violence by the father. The mother also stated that she has consistently allowed contact between the father and their daughter, although communication between her and the father has been challenging.

Court’s decision
Under established case law, the custodial parent – in this case the mother – is free to decide where to live. If the parents had joint parental authority, the mother would have needed either the father’s or the court’s permission to relocate. However, since the mother has sole parental authority and has not obstructed contact between the father and daughter, no consent was required for the relocation.

The court therefore rejected the father’s request to compel the mother to return to the original residence. It found the distance between the original residence and the mother’s new residence manageable. The court did establish a temporary visitation arrangement to ensure regular contact between the father and daughter.

Full court decision: ECLI:NL:RBZWB:2024:8279