Can I take my child abroad without the consent of the other parent?
March 15, 2023 | 50,00 EUR | answered by Oliver Breitwieser
Dear Family Law Attorney Team,
My name is Ella Otten and I am facing a difficult situation. My partner and I have separated and we have a child together. As I have a professional opportunity to go abroad, I am considering taking my child with me. However, I have concerns as my ex-partner may oppose this decision.
Currently, we do not have an official custody ruling as we have always been in agreement regarding our child. But now I am wondering if I am allowed to take my child abroad without the other parent's consent. I am worried about how such a decision could affect our relationship and the well-being of the child.
Are there potential legal consequences if I take my child abroad without the other parent's consent? What options do I have to reach an agreement with my ex-partner? How can I ensure that the well-being of my child is the primary concern in this decision?
I would greatly appreciate your support and guidance on this matter. Thank you in advance for your help.
Sincerely,
Ella Otten
Dear Mrs. Otten,
Thank you for your inquiry and your trust in my expertise in family law. Your situation is certainly challenging, and it is understandable that you are concerned about the legal consequences of taking your child abroad without the consent of the other parent.
First and foremost, it is important to know that both parents generally have joint custody of a child, unless stated otherwise. This means that as a parent, you cannot unilaterally decide to take the child abroad without the other parent's consent. Such an action could be considered child abduction and could have legal consequences.
To reach an agreement with your ex-partner, I recommend seeking a discussion and working together to find a solution that takes into account both the child's interests and your own. It may be helpful to seek mediation or counseling to find a mutually acceptable arrangement.
If an agreement is not possible, you can also seek judicial assistance. In such a case, the family court can decide on custody and consider what is in the best interest of the child. Factors such as the child's relationship with both parents, the planned living situation abroad, and maintaining contact with the other parent will be taken into account.
It is important that you always keep the well-being of your child in mind when making decisions. This means ensuring that the child can maintain a stable and loving relationship with both parents despite a possible separation from one parent.
I hope this information is helpful to you and I am available to clarify any further questions or support you in your situation.
Sincerely,
Oliver Breitwieser
