Are you planning to move with your child after a divorce? What legal steps do you need to take? Do you need the other parent's permission, and what happens if they refuse? These are just some of the questions that many parents struggle with when it comes to moving and children, especially when you are divorced.
At Delissen Martens, we understand that moving with children after a divorce often involves complex emotions and legal challenges. Our family law attorneys are here to guide and advise you on your rights and responsibilities so that you can make an informed decision.
Important considerations when moving with children
1. Consent of the other parent
If parents have joint custody, the consent of both parents is required for a move. This applies to moves within the Netherlands as well as to moves abroad. Without this consent, the move may result in court proceedings in which the court will focus on the best interests of the child.
2. The interests of the child
The interests of the child come first in any decision about moving with a child. This includes the social, emotional, and educational impact of the move. For example, consider the distance to the child's school, contact with the other parent, and network of friends and family.
3. Communication and consultation
Good communication between both parents can prevent many problems. It is often preferable to make a decision about the child's future together without going to court. Mediation may be a good option if you cannot come to an agreement.
Legal proceedings in the event of disputes
If an agreement cannot be reached, the case can be taken to court. The court will consider, among other things, the benefits of the move for the child and the stability of the existing situation.
Do you have questions or need legal advice about your situation? Our family law attorneys can help. Contact us to discuss your options.