Child relocation
How to prepare or prevent your childs relocation
Child relocation in the Netherlands
When you ask the court for permission to relocate with your child, these are the relevant criteria to adress in your request.
Necessity
The necessity to relocate
Preparation
The extent to which the relocation has been thought through and prepared
Proposal
The alternatives and measures offered by the relocating parent to mitigate and/or compensate for the consequences of the move for the child and the other parent.
Communication
The extent to which the parents are able to communicate with each other
Visitation
The rights of the other parent and the child to uninterrupted contact with each other in a trusting environment
Continuity
The division of care tasks and continuity of care
Effect on frequency
The frequency of contact between the child and the other parent before and after the move
The child
The age of the child, their opinion, and the extent to which the child is rooted in their environment or, conversely, is accustomed to moving house.
Costs
The (additional) costs of contact after the move
The parent
The right and interest of a parent to relocate and freely (re)organise their life
New relationship
The stability of a new relationship of the relocating parent
Compliance
The fact that a parent indicates that they will not move if the court does not grant substitute consent
The court may also take other circumstances into account in its decision. In addition, the court may also decide to give greater weight to certain circumstances than to others.
Frequently asked questions
Do I need permission to relocate if we have joint custody?
In the Netherlands, if you have joint custody, you need the other parent’s consent if you want to relocate with your child. This also applies if you are moving within the same city or to a place of residence that is very close by.
If I have sole custody, do I need the other parent's consent to move with my child?
If you have sole custody, you can decide on your own about moving with your child.
However, in the Netherlands, every parent with custody has an obligation to promote contact between the child and the other parent (Section 1:247(3) of the Civil Code).
If you move with your child to a place of residence that is very far away, this may mean that the current contact arrangement can no longer be implemented.
If the court considers that you are no longer fulfilling this obligation as a result, it may decide that you must move back or that you are not allowed to move.
The parent without parental authority can submit a request to this effect to the court before or after your relocate.
How far in advance do I need to notify my ex about the move?
Dutch law does not specify a time frame within which you must inform your ex about your plan to move with your child.
However, you should bear in mind that court proceedings concerning a move can easily take longer than six months.
This is because in relocation cases, a special guardian is often appointed to investigate the matter, or advice is sought from the Child Protection Board.
Brussels II ter Regulation
The Brussels II ter Regulation is relevant for child relocation cases, because it provides a framework for the recognition and enforcement of decisions in child custody cases and international rights matters across EU member states.
This regulation ensures that decisions made in one EU country are binding in other EU countries, which is crucial for cases involving the relocation of children.
Recommendation
The Council of Europe Recommentation CM/Rec(2015)4 guides member states in preventing and resolving child relocation disputes, prioritizing the chid’s best interests, right to be heard and swift resolution.
It emphasizes prior notification for parents, encouraging mediation to avoid unilateral and unauthorized relocations.
When preparing for relocation:
Involve your child. But talk to the other parent first.
Ask your childs opinion. But don't put the weight on his shoulders.
Expect your child to deal well with a long period of insecurity.
Teach your child the value of long term relationships.
A trial period abroad
You may wish to arrange a trial period to see whether your child will enjoy its new environment.
In that case, it is advisable to clearly establish a number of things:
- What is the child’s habitual residence?
- How long will the trial period last
- How will it be evaluated at the end of the trial period?
- When, how and by whom can it be decided that the child will return before the trial period is over?
- Will the trial period be discussed with your child (and if so, how)?
- What say will your child have if a possible return is discussed?
- Can the trial period be extended?
- How will a return to the country of origin be prepared?
- What needs to happen if the move becomes permanent?
- What new arrangements will apply if the move becomes permanent?
- How will differences of opinion about this relocation be dealt with?
- Can a choice of mediator or jurisdiction be agreed upon?
Your agreement for a trial period
You can write these agreements down in an international parenting plan.
A good international parenting plan takes into account the different cultures, both families with any new family members, children from new partners, extended families, etc.
The plan must be future-proof and discuss various possible scenarios.
It must be in line with the way in which the parents have shaped their joint parenting to date. It must also be in line with the way in which they communicate about the care of the children and the way in which conflicts are normally resolved.
How detailed the parenting plan needs to be depends on whether more details will lead to more conflicts or, on the contrary, can prevent conflicts.
My blogs
Father’s sudden relocation allowed by the court
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Relocation without permission must be undone
A father relocated with his children to a city 123 km away from their original home, without the mother’s consent or court approval. Although the court later granted him permission for the move, the court of appeal annulled this decision and ruled that a parent who...