Where parents share parental authority, one parent may not move house with the child without the other’s consent. If consent is refused, the court can grant substitute consent. The same rule applies to enrolling the child at a different school.
Legal basis
Article 1:253a of the Dutch Civil Code empowers the court to resolve disputes between parents with joint authority and to make whatever decision appears desirable in the child’s interests. The Supreme Court held in 2008 that the child’s interests are a primary consideration but not automatically decisive: all circumstances must be weighed. Case law has produced a settled list: the necessity of the move, how far it has been thought through and prepared, the alternatives offered and compensation for lost contact, the consequences for the child, the child’s age and views, how well the parents can communicate, the division of care tasks, travel distance and the financial consequences.
How it works in practice
A parent wishing to move should present the plan fully worked out: housing, school, work, financing, and a concrete proposal for an adjusted care arrangement including travel and holidays. A move within the Netherlands over a limited distance is permitted more readily than a move abroad. Moving without consent risks summary proceedings for a return order and an adverse view of the parent’s conduct.
Where it goes wrong
The moving parent informs the other only once the tenancy has been signed; those faits accomplis count against them. A second error is the absence of a worked-out proposal for care after the move. Third, a child of twelve or over is not heard, even though the court weighs their views.
Related terms
The procedure connects to parental authority, the contact arrangement and the parenting plan.
Do you want to move, or are you faced with a move? Our family law specialists assess the prospects.
