Can my ex move with our child?

The short answer

If you have joint custody, your ex cannot move with your child without your consent. This especially applies to relocations to another city or abroad that make contact difficult. If one parent does not give consent, the other parent can ask the child court to make a decision. The court always looks at the best interests of the child. With sole custody, the custodial parent has more freedom to relocate.

What does the law say?

The Civil Code regulates that parents with joint custody must make important decisions about their child together. A relocation that affects the child's well-being or development falls under this. The law protects the child's right to contact with both parents. If parents disagree, the child court can make a decision that is best for the child.

What do you need to consider?

Pay close attention to the distance of the new residence and what this means for your visitation arrangement. Document all communication about the relocation well. Try to find a solution together before going to court. Also think about practical matters like changing schools and your child's social network.

Example from practice

Sarah and Tom have an 8-year-old son and joint custody. Sarah wants to move from Amsterdam to Groningen for a new job. Tom sees his son every Wednesday and every other weekend. He is against the move because it would significantly reduce the time he can see his son. Sarah asks the child court for permission. The court looks at all the circumstances: Sarah's career opportunities, the child's interest in a stable income, and possibilities to organize the visitation differently. Ultimately, Sarah gets permission, but she has to pay the extra travel costs for Tom.

What can you do?

Start with a good conversation with your ex about the relocation and possible solutions. Document all agreements in writing.