Moving with a child: do you need the other parent's consent?

A move with the child can strongly affect the other parent's right of contact. With joint custody, determining the child's center of life is a matter of considerable importance, so a distant move generally requires the other parent's consent or a court decision.

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With joint custody, parents decide on matters of considerable importance together (§ 1687 BGB). A distant move that considerably complicates the contact counts among these and can require the other parent's consent.

If the other parent refuses consent, the family court can transfer the decision-making authority to one parent. The standard is always the child's welfare, not the parents' wishes alone.

What you should do now

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1. Clarify the custody situation
Is there joint or sole custody? With sole custody you have more leeway on residence.
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2. Classify the move
A move to the neighborhood is usually uncritical; a distant move that strongly affects the contact is a considerable matter.
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3. Seek agreement
Try to find a solution with the other parent for contact after the move (e.g. longer vacation contacts).
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4. Call on the court
If no agreement is reached, the family court can transfer the decision on residence to one parent, according to the child's welfare.

How to spot the scam

With joint custody you move far away without consultation.
The other parent's contact becomes practically impossible due to the move.
There is no arrangement for what contact should look like after the move.

Frequently asked questions

May I just move with the child?

With sole custody you have more leeway on residence. With joint custody, a distant move that considerably affects the contact is a matter of considerable importance and generally requires the other parent's consent.

What if the other parent does not consent?

Then the family court can be called upon. It can transfer the decision-making authority over residence to one parent. The standard is the child's welfare, that is, what is best for the child overall.

Does this also apply to a move abroad?

All the more so. A move abroad affects the right of contact and the child's welfare especially strongly and, with joint custody, regularly requires consent or a court decision.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.