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. In cases of joint custody, permission from the other parent is required.
Permission Required in Cases of Joint Custody
If you have joint custody, you must ask the other parent for permission to move with your child. This applies in the following cases:
- Move within the Netherlands over a greater distance
- Move to another country
- Any move that impacts the contact arrangement
Substitute Permission via the Court
If the other parent does not give permission, you can ask the court in The Hague (district for Rijswijk) for substitute permission. The court considers:
| Interest of the Moving Parent | Interest of the Other Parent | Interest of the Child |
|---|---|---|
| Work circumstances or new relationship | Contact and access to the child | Relationship with both parents |
| Improved living situation | Role in upbringing | Continuity in school and social circle |
| Personal reasons | Effect of the distance | Flexibility and adaptability |
Court Assessment Criteria
The court in The Hague takes various factors into account in the decision:
- The urgency of the move
- Possible alternatives to moving
- The consequences for the existing contact arrangement
- The feasibility of an adjusted arrangement
- The opinion and age of the child
- How the moving parent handles the interests of the other parent
Moving Abroad from Rijswijk
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 without permission, this may be regarded as international child abduction. The Hague Child Abduction Convention provides that the child must in that case be returned to the Netherlands.
Can my ex-partner move with our child without my permission?
No, in cases of joint custody, permission is always required. If your ex moves anyway, you can ask the District Court of The Hague to order the return of the child 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 considers 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?
Usually yes, especially 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 during holidays.Frequently Asked Questions About Moving After Divorce in Rijswijk
What if my ex does not give permission for a move with our child?
You can ask the District Court of 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. The court assesses whether the move brings more benefits than drawbacks.
How far can I move without permission?
There is no specific distance set, but in cases of joint custody, permission is required for moves that disrupt the contact arrangement, often outside the Rijswijk region. In case of doubt, seek legal advice from the Juridisch Loket Rijswijk.
What happens if I move without permission?
This can lead to legal action, such as an order for the return of the child. In cases of international moves, it may be regarded as child abduction, with consequences under the Hague Child Abduction Convention.
How do I adjust the contact arrangement after a move?
Consult with the other parent about a new arrangement, such as longer visits during school holidays. If that does not work, the District Court of The Hague can establish a suitable arrangement based on your situation.