The decision to move with your child after a divorce can have a significant impact on the contact arrangement and contact with the other parent. With joint custody, consent from the other parent is required.
Consent with Joint Custody in Utrecht
If you have joint custody, you must ask the other parent for consent for a move with your child. This applies to:
- Moves within the Netherlands over a considerable distance
- Moves abroad
- Any move that affects the existing contact arrangement
Substitute Consent via the Court
If the other parent does not grant consent, you can apply to the court for substitute consent. The judge in Utrecht (Central Netherlands District Court) considers various interests:
| Interest of the Moving Parent | Interest of the Parent Left Behind | Interest of the Child |
|---|---|---|
| Work, new relationship, family ties | Contact moments with the child | Relationship with both parents |
| Improved living situation | Role in upbringing | Continuity, school, social circle |
| Individual circumstances | Effect of the distance | Flexibility and adaptability |
Assessment Criteria of the Judge in Utrecht
In a request for substitute consent, the judge takes into account:
- The urgency of the move
- Possible alternatives to the move
- The consequences for the contact arrangement
- The feasibility of an adjusted contact arrangement
- The age and opinion of the child
- How the moving parent deals with the interests of the other parent
Moving Abroad from Utrecht
A move abroad brings additional complications:
- Consent from both parents or the court is necessary
- The impact on contact is often significant
- Judges are cautious in granting consent
- A solid proposal for a new contact arrangement is essential
Risk of International Child Abduction
If you move abroad with your child without consent, this may be regarded as international child abduction. The Hague Child Abduction Convention stipulates that the child must then be returned to the country of origin.
Can my ex-partner move with our child without my consent?
No, with joint custody, consent is mandatory. If your ex moves anyway, you can file a request with the court in Utrecht (Central Netherlands District Court) to have the child moved back or to adjust the contact arrangement.What if I have to move for work?
A move due to work can be a valid reason for substitute consent, but the judge carefully weighs all interests. You must prove that the move is essential and that you propose a suitable contact arrangement.Is adjustment of the contact arrangement necessary after a move?
Often yes. With a greater distance, the current arrangement may become impractical. Discussing a new arrangement, such as longer visitation periods during holidays, can be a solution.Frequently Asked Questions about Moving After Divorce in Utrecht
What to do if my ex does not give consent for the move?
You can apply for substitute consent at the Central Netherlands District Court. Demonstrate that the move is necessary and that you respect the interests of the child and the other parent. A good plan for a new contact arrangement helps your case.
How far can I move without consent?
There is no specific distance limit, but with joint custody, consent is needed if the move affects the contact arrangement. This often applies to moves outside the Utrecht region. Seek legal advice if in doubt via the Juridisch Loket Utrecht.
What happens if I move without consent?
This can lead to legal action, such as an order for the child's return. For international moves, you risk a charge of child abduction under the Hague Child Abduction Convention.
How do I adjust the contact arrangement after a move?
Make new arrangements together with the other parent, for example, about longer visitation moments during holidays. If this fails, the judge in Utrecht can establish a new arrangement based on a realistic proposal.
Contact Details for Help in Utrecht:
- Central Netherlands District Court: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht