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Moving with Child After Divorce in Netherlands

After a divorce, you might want to move for a new job, love, or to be closer to family. But what if your ex-partner won't give permission for you to move with your child? This is a complex situation that many parents in the Netherlands face. Fortunately, Dutch law provides clear frameworks to reach a solution that's best for your child.

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What's the situation?

When parents are divorced and both have parental authority (gezag) over their child under Dutch law, they must make important decisions together. Moving with the child is considered such an important decision, especially if it affects contact with the other parent. Many ex-partners refuse permission out of fear of seeing their child less. Sometimes there are other reasons like concerns about upbringing or school choice. This situation can lead to significant tension and conflict between parents in the Netherlands.

What does Dutch law say?

Dutch law prioritises the child's best interests in moving decisions. Article 1:253a of the Dutch Civil Code (Burgerlijk Wetboek) regulates joint parental authority after divorce. The Dutch Supreme Court (Hoge Raad) has established clear criteria for moving with children in various rulings. The court always weighs all interests, with the child's welfare carrying the most weight.

1Article 1:253a BW (Dutch Civil Code): With joint parental authority, parents must decide together on important matters concerning the child, including relocation
2Article 1:377a BW (Dutch Civil Code): The court can decide what's in the child's best interest when parents disagree
3Dutch Supreme Court jurisprudence: The child's best interests outweigh parents' wishes, including maintaining contact with both parents

What are your rights?

As a parent with parental authority in the Netherlands, you have the right to move, but within certain limits. The Dutch court can ultimately decide if you can't reach agreement.

1Right to a hearing: You have the right to tell your side of the story to the Dutch court
2Right to representation: You may engage a lawyer for legal assistance in the Netherlands
3Right to evidence: You can provide evidence of why the move is good for the child
4Right to appeal: If you disagree with the ruling, you can appeal in the Dutch legal system

What can you do now?

Follow these steps to best prepare your relocation case and potentially get approval under Dutch family law.

1Step 1: First try to reach a solution in consultation with your ex-partner, possibly with help from a mediator familiar with Dutch law
2Step 2: Gather evidence of why the move is good for the child (better school, work, family support)
3Step 3: Submit a request to the Dutch court (rechtbank) if no agreement is reached
4Step 4: Engage a specialised Dutch family law solicitor for legal support

Sample letter or template

MijnRecht.AI can help you draft a formal request to the Dutch court for permission to move with your child. We ensure that all important arguments and legal points under Dutch family law are included in your petition.

Where can you get help?

For this situation in the Netherlands, you can contact the Legal Counter (Juridisch Loket) for free legal advice, a mediator for mediation between you and your ex, or directly approach the Dutch court with a petition. A specialised Dutch family law solicitor can also help you through the entire process.

Conclusion

Moving with your child after divorce in the Netherlands is possible, even without your ex-partner's permission. The Dutch court always considers what's best for your child. With proper preparation and arguments, you have a good chance of success under Dutch family law.

Frequently Asked Questions

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