Can one parent take the child to live in another country?

When parents decide to live separately, it is essential to establish the child’s primary residence with one parent and to set up a visitation schedule with the parent who does not live with the child.

The determination of the child’s residence and the visitation arrangement can be made by mutual agreement between the parents. If the parents cannot reach an agreement, mediation must be sought. If mediation does not resolve the matter, the issue will need to be resolved through the courts.

The parent with whom the child resides cannot prevent the other parent from having contact with the child as per the agreed visitation schedule. Furthermore, the parent with whom the child resides cannot unilaterally change the child’s residence, such as by taking the child abroad.

It is prohibited to move the child abroad permanently without the permission of the other parent. If the parent living with the child wants to move the child abroad without the other parent’s consent, they must apply to the court, and the dispute will be resolved in court.

When resolving disputes regarding the relocation of a child, the court will consider the following factors:

• Whether the relocation is necessary.

• Whether maintaining the child’s connection with the relocating parent is more important than preserving the child’s current environment.

• Whether there is a valid reason to limit the child’s contact with the parent remaining in the original country.

• Whether the parent remaining in the original country meets their obligations (e.g., child support payments, adhering to the visitation schedule).

• The relationship between the parents and whether it is conflict-free.

• The child’s opinion on the potential relocation and any factors that may influence the child’s position.

The parent seeking to relocate the child bears the burden of proving that such a move is in the child’s best interest and that it does not violate the rights of the non-relocating parent.

If the court permits the relocation of the child abroad, the visitation arrangements with the parent remaining in the original country must also be addressed. The parent relocating abroad is obligated to adhere to these arrangements and must not hinder the other parent’s ability to maintain contact with the child.

It is important to note that under the Hague Convention, if either parent unlawfully removes or detains the child in a foreign country, it is considered child abduction.

Do you have questions regarding child residence or visitation arrangements? Contact Prevence Family Law specialists for assistance if you:

✔Are uncertain about how to establish the child’s place of residence or visitation schedule.

✔Have questions about mediation or resolving disputes through legal channels.

✔Are facing a situation where one parent is restricting visitation.

✔Need clarification about taking the child abroad or preventing illegal child abduction.

✔Require help in demonstrating what is in the best interest of the child in legal proceedings.