Want to Relocate with Your Child? These Are the Rules

You Want a Fresh Start, But Your Child Also Lives with the Other Parent

A new job in another city. A new partner who lives elsewhere. Or simply the need for a new beginning. After a divorce, relocation plans are understandable. But once children are involved and parental authority is shared, things become considerably more complicated. The other parent does not have to agree, and they have every right to refuse.

How does this work legally? And what does a court weigh when parents cannot reach agreement? The Dutch Supreme Court gave a landmark answer on 25 April 2008.

What Happened in This Case?

A mother wanted to relocate with her two young children to Switzerland after her divorce. Her new husband lived there, she was pregnant by him, and she wanted to build her family life where her husband already resided. The children's father disagreed.

Both the district court and the court of appeal rejected the mother's request. The court of appeal focused almost exclusively on the children's interests: they had intensive contact with their father, were still young, and a move to Switzerland would significantly limit that contact.

The mother appealed to the Supreme Court. And the Supreme Court intervened.

What Did the Supreme Court Rule?

The court of appeal had taken too narrow a view. The child's interest is indeed a weighty factor, but it is not the only one that counts. The court must weigh all the interests involved, including those of the relocating parent and their new family situation.

In this case, the court of appeal had completely disregarded the mother's new marriage, her pregnancy and what those circumstances meant for her life. That was an error. The Supreme Court overturned the ruling and referred the case to a different court of appeal for a fresh, comprehensive assessment.

The core message: a relocation request is not a simple calculation in which the child's interest automatically wins. It is a balancing of multiple interests, requiring the court to deliver a tailored decision.

What Factors Play a Role?

From this ruling, and the legal practice that followed, a number of criteria can be identified that courts weigh in relocation disputes:

• The reason for the move. Is there a serious motivation, such as work, a new partner or family reunification? Or is the relocation primarily intended to put distance between the child and the other parent?
• The consequences for contact with the remaining parent. The further away, the more heavily this weighs. Moving to the other side of the country is different from moving abroad.
• The age of the children and their social roots. Young children are more vulnerable to major changes. Older children have established friendships, schools and hobbies, all of which count.
• The quality of the current contact arrangement and how it can continue after relocation. Can the existing arrangement be maintained in adapted form? Or will contact effectively cease?
• The interests of the relocating parent. A new marriage, an expanding family or a concrete career opportunity are not peripheral matters. They are fully part of the assessment.
• The degree of co-parenting. The more equally care is shared, the greater the impact of relocation, and the harder it generally is to obtain permission.

What If the Other Parent Refuses?

With joint parental authority, you need the other parent's consent for a relocation that affects where the child primarily lives. If they refuse, you can ask the court to replace that consent under Article 1:253a of the Dutch Civil Code.

The court then makes an independent assessment. It does not only look at whether the other parent's refusal is reasonable, but also whether your relocation plans are justified in the overall picture.

Important: the court does not decide in abstract terms. Every detail matters. A well-substantiated request, with concrete plans for the contact arrangement after the move, a feasible travel schedule and insight into the child's situation, makes a real difference.

What Should You Do Now?

Do you have plans to relocate and are you worried the other parent will not cooperate? Or is the other parent planning to move and do you feel your contact with your child is at risk? In both situations, it is wise to seek legal advice early. Relocation cases are highly fact-specific, the outcome depends on all the circumstances together. Good preparation is not a luxury in these cases, but a necessity.

Case Reference

This post is based on ECLI:NL:HR:2008:BC5901.