The decision to move with your child after a divorce can have a significant impact on the contact arrangement and the relationship with the other parent. In cases of joint custody, permission from the other parent is required.
Permission Required for Joint Custody
If you have joint custody, you must ask the other parent for permission to move with your child. This applies to:
- Moves within the Netherlands over a greater distance
- Moves abroad
- All moves that disrupt the existing contact arrangement
Substitute Permission via the Court
If the other parent does not give permission, you can ask the court for substitute permission. The court takes into account:
| Interest of the Moving Parent | Interest of the Other Parent | Interest of the Child |
|---|---|---|
| Work, new relationship, family ties | Contact with the child | Relationship with both parents |
| Improved living conditions | Role in upbringing | Continuity, school, social circle |
| Individual circumstances | Consequences of the distance | Resilience of the child |
Court Assessment Criteria
The court in The Hague, under which Westland falls, assesses among other things:
- The urgency of the move
- Possible alternatives to moving
- Impact on the current contact arrangement
- Feasibility of an adjusted arrangement
- The age and opinion of the child
- How the moving parent weighs the interests of the other parent
Moving Abroad
A move abroad brings additional challenges:
- Permission from both parents or the court is necessary
- The impact on contact is often significant
- Courts are cautious in granting permission
- A clear and workable contact arrangement must be proposed
Risk of International Child Abduction
If you move abroad with your child without permission, this may be regarded as international child abduction. Under the Hague Child Abduction Convention, the child may then be returned to the Netherlands.
Can my ex-partner move with our child without my permission?
No, in cases of joint custody, permission is mandatory. If your ex still moves, you can ask the court in The Hague to order the child to be moved back or to adjust the contact arrangement.What if my job requires a move?
A move due to work can be a valid reason for substitute permission, but the court weighs all interests. You must prove that the move is essential and that you propose a suitable contact arrangement.Is an adjustment of the contact arrangement necessary after a move?
Often yes. With a greater distance, the current arrangement may become impractical. You can agree with the other parent, for example, to have less frequent but longer contact, such as during school holidays.Frequently Asked Questions about Moving After Divorce in Westland
What to do if my ex-partner does not give permission for a move?
If your ex-partner refuses, you can ask the court in The Hague for substitute permission. Demonstrate that the move is necessary (e.g., for work or family) and that you respect the interests of the child and the other parent. A good plan for a new contact arrangement helps with this.
How far can I move without permission?
There is no specific distance limit, but in cases of joint custody, permission is needed for any move that affects the contact arrangement. This often applies to moves outside Westland or the region. Seek legal advice in case of doubt, for example at Juridisch Loket Westland.
What happens if I move without permission?
Moving without permission can lead to legal action, such as an order for the child's return. In the case of an international move, this may be regarded as child abduction, with consequences under the Hague Child Abduction Convention.
How do I adjust the contact arrangement after a move?
You can draw up a new arrangement together with the other parent, for example with longer visitation periods instead of frequent short moments. If this is not possible, the court can establish a new arrangement that fits the situation in Westland and surroundings.