Relocating minor children to another city requires the consent of both parents or a court ruling permitting the change of place of residence. Article 1519 of the Civil Code (AK) provides that: «Any change in the child’s place of residence which substantially affects the right of communication of the parent with whom the child does not reside requires the prior agreement of the parents or a prior final court ruling upon application by either parent. The court may order any appropriate measure».
SUCCESSFUL RULING
Read a successful Temporary Restraining Order obtained by our law firm requiring the mother to return the children to their habitual place of residence; a lawyer of our firm appeared in court: Temporary Restraining Order Against Change of Children’s Place of Residence
The above provision does not concern any movement of the minor (e.g. from one neighbourhood or municipality to another within a large city), but a significant relocation (e.g. to another city or another country) which substantially affects the exercise of the other parent’s right of communication.
Therefore, the parent who has custody of the minor does not lose the right to relocate, even to a distant place, provided that they have secured the agreement of the other parent or, if the latter does not consent, a court ruling permitting the relocation of the minor children to another city.
The court ruling will also determine a new manner of communication between the minor and the other parent (e.g. communication through modern electronic audiovisual means, communication expenses, an obligation for the minor child to stay with the parent who does not have parental care for less frequent but longer periods, an obligation to provide an extensive account to the parent who does not have parental care regarding the child’s educational activities, school performance or other activities, etc.). If a new agreement between the parents is reached, it must take the form of a notarial deed.
If the other parent, who does not have parental care, does not consent to the relocation of their former spouse, the parent holding parental care must apply to the competent court setting out the reasons why the relocation of themselves and the minor child is considered appropriate.
In such a case, the court will decide on the basis of the best interest of the minor. It must examine all the factual circumstances and the conditions reported by both parents, and assess whether the relocation will improve the minor’s living conditions, offer better access to education, a better quality of life in general, and more opportunities to achieve their goals. Finally, it must consider whether and to what extent the absence of the other parent will affect the development of the child’s personality.
What can the parent who does not have parental care raise in objection?
- Harm to the minor’s psychological wellbeing if deprived of one parent.
- That the living conditions at the place of relocation will be more difficult.
- That the parent holding custody will not be able to provide the child with a minimum standard of living at the new place of residence.
- That the city of relocation is not suitable for the long-term living of the minor child.
To this end, they may apply for interim measures to compel the parent who wishes to relocate with the child not to do so until the final court ruling is issued.
They may also seek removal of custody, invoking the fact that the child is closely connected with their existing place of residence and their school, family and social environment.
- See also article Divorce
- See also article Relocation of the Family Home
- See also article Joint Custody of Child
- See also article Child Maintenance – Methods of Collection
- See also article Custody and Child Abduction
- See also article Surrogate Mother – Court Authorisation
FREQUENTLY ASKED QUESTIONS ON RELOCATION OF MINOR CHILDREN TO ANOTHER CITY
1. Can I move to another city with my child?
The relocation of a minor to another city or country, where it substantially affects the other parent’s right of communication, cannot be carried out unilaterally by the parent who has custody. Pursuant to Article 1519 of the Civil Code (AK), either prior agreement of both parents or a final court ruling permitting the change of place of residence is required. Not every movement falls within this provision: relocation to another neighbourhood or to a neighbouring municipality of the same city is generally not regarded as substantial. However, if the other parent does not consent, relocation without judicial authorisation may lead to removal of custody or to an obligation to return the child.
2. What do I do if the other parent took the child without agreement?
The parent who has been left out may file an application for interim measures together with a request for a temporary restraining order, seeking the immediate return of the child to their habitual place of residence until a final ruling is issued. In parallel, they may bring a lawsuit for the removal or reallocation of custody, relying on the child’s bond with their school, family and social environment. If the removal took place abroad, the Hague Convention on the International Abduction of Children applies, providing for an expedited return procedure. Speed of action is critical, as prolonged stay at the new location may influence the court’s assessment.
3. How long does the court procedure take?
An application for interim measures is generally heard within a few months, while a temporary restraining order may be granted on the very day of filing if there is an urgent case. The final ruling on the principal lawsuit for the regulation of custody or for authorisation to change place of residence is usually issued within one to two years, depending on the workload of the Single-Member Court of First Instance and the need for the taking of evidence or psychiatric expert opinion. In cases of international abduction under the Hague Convention, the procedure is faster and aims at a ruling within six weeks. These time-frames are indicative and depend on the particularities of each case.
4. What does the court consider in order to approve relocation?
The court decides exclusively on the basis of the best interest of the minor. It examines the reasons for relocation (professional, financial, family-related), the living conditions at the new location, the quality of education, housing, opportunities for the child’s development, as well as the impact that separation from the other parent will have on the child’s psychological wellbeing and personality. The age and views of the minor themselves are taken into account, particularly when they are of an age to express their opinion sufficiently. If the court approves the relocation, it regulates a new manner of communication with the other parent, with longer but less frequent periods and communication through electronic means.
5. What documents are required for the procedure?
The following are required: certificate of family status, birth certificate of the child, any prior custody ruling or private agreement of consensual divorce, as well as documents substantiating the reasons for relocation (employment contract, lease agreement for the new home, school information, income certificates). Information regarding the new environment is also useful (neighbourhood, activities, supportive family network). On the other side, the parent who objects gathers evidence demonstrating the child’s bond with the existing place (school performance, extracurricular activities, medical follow-ups, witness testimonies of an active communication relationship). If a new agreement between the parents is reached, it must be concluded by notarial deed.
6. What is the role of a lawyer in such cases?
Cases concerning a change in the place of residence of a minor are among the most complex in family law, as they combine legal issues with psychological and social parameters. The lawyer assesses the prospects of success from the outset, organises the strategy (consensual approach, extra-judicial notice, interim measures, lawsuit), drafts the pleadings with substantiation of the child’s best interest, represents the client before the Single-Member Court of First Instance and prepares the witnesses. In cross-border cases, the lawyer handles the procedure under the Hague Convention. Our firm has successfully represented parents on both sides, having obtained, among other outcomes, a temporary restraining order for the return of children to their habitual place of residence.