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Moving with a child: How to manage the relocation smoothly and legally!
A move with a child is a challenge – especially when it comes to legal questions and your child's welfare. Family law is complex, and mistakes can have serious consequences. Would you like to learn more about how to legally secure a move with a child while achieving the best for your child? Contact us here for a non-binding consultation.
The topic short and concise
A move with a child is a challenge – especially when it comes to legal questions and your child's welfare. Family law is complex, and mistakes can have serious consequences. Would you like to learn more about how to legally secure a move with a child while achieving the best for your child? Contact us here for a non-binding consultation.
A move with a child is a challenge – especially when it comes to legal questions and your child's welfare. Family law is complex, and mistakes can have serious consequences. Would you like to learn more about how to legally secure a move with a child while achieving the best for your child? Contact us here for a non-binding consultation.
A move with a child is a challenge – especially when it comes to legal questions and your child's welfare. Family law is complex, and mistakes can have serious consequences. Would you like to learn more about how to legally secure a move with a child while achieving the best for your child? Contact us here for a non-binding consultation.
Planning a move with a child? Find out which legal aspects you need to consider and how GoMovin can help you with a stress-free relocation. Get informed now!
Basics of Joint Custody and Residence Determination Rights
When parents separate, joint custody often remains in place. This means that both parents continue to have the duty and right to care for the minor child. An important component of custody is the right to determine residence, which specifies where the child's main place of residence is. Moving, especially if it's further away, can lead to conflicts here. It is important to inform yourself about the legal aspects early on to avoid difficulties.
The Challenge: Moving Plans and Their Impact
Moving with a child carries potential for conflict as it interferes with the child's social environment. School, friends, and hobbies are suddenly not as easily accessible. Additionally, a move may make it difficult or even impossible for the other parent to exercise visitation rights. It is important to consider this in advance and ideally find an amicable solution. GoMovin supports you in taking all aspects of your move into account, ensuring that the move with a child goes as smoothly as possible.
When planning a move with a child, it is crucial to put the child's needs at the centre. An open conversation with the child about the upcoming change can help alleviate fears and build anticipation. The choice of a new place to live should also be carefully considered to provide the child with a stable and positive environment. Our planning experts at GoMovin are at your side with advice and support to optimally consider all these aspects.
Moving with a Child: Consent of Both Parents Ensures Legal Certainty
The Necessity of Consent from Both Parents
As a general rule: If you have joint custody and wish to move with your child, you need the consent of the other parent. This is particularly important if the move changes the child's primary residence. Even moves within the same city can be significant if they have substantial impacts on the child’s life, such as a change of school. Without the consent of the other parent, there can be legal consequences. Therefore, it is advisable to inform yourself early about your rights and obligations.
Exceptions and Court Decisions
If an agreement with the other parent cannot be reached, you have the option to approach the Family Court. The court will then make a decision considering the child's welfare. Various factors are considered, such as the child's relationship with both parents, the stability of the new environment, and the possibility of maintaining contact rights. In this case, it is advisable to consult a family law lawyer. A lawyer can assist you in safeguarding your rights and achieving the best possible outcome for your child.
Relevant Sections in the Civil Code (BGB)
Sections 1626, 1627, and 1628 of the BGB are relevant in this context. They regulate parental custody and the decision-making authority of parents. In particular, Section 1628 BGB is applicable when parents cannot agree and the court must decide. It is important to be familiar with these sections to understand your rights and obligations. GoMovin collaborates with experienced legal experts who can advise you on all legal matters related to the move with your child. We ensure that your move is legally compliant and stress-free.
Child's Welfare in Focus: Court Decision on Moving with a Child
Criteria for Assessing the Child's Welfare
In a court decision, the child's welfare is always the priority. The court considers various criteria to determine whether a move serves the child's welfare. These include the child's relationship with both parents, the impact of the move on the child's development, the stability of the new environment, and the potential for the other parent to exercise their visitation rights. It is important to be aware of these criteria and to consider them when planning the move. Careful preparation and open communication with the other parent can contribute to the court deciding in favour of the move. At GoMovin, we support you in considering all relevant aspects and preparing a convincing argument.
The Role of the Guardian ad Litem
In some cases, the court appoints a guardian ad litem to represent the child's interests in the proceedings (§§ 158, 167, 174, 191 FamFG). The guardian ad litem has discussions with the child and the parents and provides a recommendation to the court. It is important to be open and honest with the guardian ad litem and to explain your reasons for the move. The guardian ad litem can play an important role in the court's decision-making process. At GoMovin, we work closely with guardians ad litem and can help you prepare optimally for the discussions.
The court examines whether the move with the child affects the other parent's ability to exercise their visitation rights. It is assessed whether the moving parent is willing to actively promote and support the visitation rights. The quality of care at the new residence is also considered. Is good schooling or childcare guaranteed? Can the child maintain their social contacts? All these questions are crucial for assessing the child's welfare. GoMovin supports you in organising the move so that your child can quickly establish a new social environment.
Unauthorised relocation: Avoiding criminal and civil consequences
Criminal Consequences
Moving without the consent of the other parent can have criminal implications. Particularly if the move is abroad, it may fulfil the offence of child abduction under § 235 StGB. This can lead to a prison sentence. It is therefore strongly advisable to seek legal advice before moving without the other parent's consent. We at GoMovin strongly warn against such action and recommend always seeking an amicable solution.
Civil Consequences
In addition to criminal consequences, an unauthorised move can also have civil repercussions. The court may transfer the right to determine place of residence to the other parent. In this case, you must return the child. An order for the return of the child under § 1632 BGB is also possible. It is therefore advisable to clarify the legal risks before moving without the other parent's consent. We at GoMovin support you in finding a legally secure solution and avoiding conflicts. Our experts provide comprehensive advice on your rights and obligations.
It is important to understand that a move with a child without the consent of the other parent can have not only legal but also emotional consequences for all involved. The child may suffer from the situation, and the relationship with both parents can be permanently affected. Therefore, it is advisable to always seek dialogue and strive for an amicable solution. GoMovin supports you in finding a fair and viable solution that prioritises the well-being of your child.
Moving Abroad: Legal Review Ensures Child Welfare
Stricter Scrutiny by the Courts
A relocation with a child abroad is subject to particularly critical scrutiny by the courts. This is because such a move can have significant impacts on the child's life. A new language, a new culture, and a new social environment can present great challenges for the child. The exercise of the other parent's visitation rights is also usually made more difficult. Therefore, it is important to carefully consider all legal and practical aspects before relocating abroad. We at GoMovin support you in taking all necessary steps and making an informed decision.
The Hague Convention on Child Abduction (HCCA)
The Hague Convention on Child Abduction (HCCA) governs the return of children who have been wrongfully removed abroad. If you move abroad with your child without the other parent's consent, this can be considered child abduction under the HCCA. In such cases, the other parent can apply for the child's return. It is therefore strongly advisable to seek legal advice before moving abroad and ensure that all legal requirements are fulfilled. We at GoMovin work with experienced legal experts who can advise you on all matters related to the HCCA.
An international relocation with a child requires especially careful planning and preparation. Besides the legal aspects, practical questions also need to be addressed, such as organizing the move, finding a suitable school or childcare facility, and integrating into the new social environment. GoMovin offers you comprehensive support with all these questions. We help you make the move stress-free and ensure your child has a good start in a new life. Our emigration checklist can assist you in planning.
Avoid conflicts: Open communication ensures a mutual agreement
The Importance of Communication
The key to avoiding conflicts lies in open communication with the other parent. Inform them early about your relocation plans and try to find an amicable solution. Discuss your reasons for moving and listen to the other parent's concerns. Perhaps you can find a solution together that is acceptable to all parties involved. We at GoMovin support you in maintaining constructive communication and reaching a fair agreement.
The Custody Agreement
A custody agreement is an out-of-court settlement that regulates all relevant points, such as visitation rights, child costs, and the responsibilities of the parents. Such an agreement can help avoid conflicts and improve the relationship between the parents. It is advisable to have a custody agreement documented in writing and reviewed by a lawyer. We at GoMovin work with experienced lawyers who can assist you in creating a custody agreement.
Good communication and an amicable solution are in the best interest of the child. Avoid using the move with children as leverage or to coerce the other parent. Instead, focus on finding a solution that prioritises the child's well-being. GoMovin supports you in finding a fair and viable solution that allows your child to maintain a good relationship with both parents. Our planning experts help you consider all aspects of your move to ensure the move with children goes as smoothly as possible.
In case of conflict: Legal consultation and interim order secure rights
Legal Advice
When a conflict arises, it is important to seek legal advice in a timely manner. A family law solicitor can outline your legal options and assist you in asserting your rights. They can also support you in preparing for a court dispute. At GoMovin, we work with experienced solicitors who can advise you on all matters regarding moving with a child. We ensure that you are optimally represented.
Application for an Interim Injunction
In the event of an imminent unauthorised move, you can apply for an interim injunction at the family court. This can temporarily stop the move and seek a decision from the court. It is important to act quickly, as the court can only issue an interim injunction if the move is imminent. At GoMovin, we support you in preparing and submitting the application. Our experts are at your side with advice and assistance.
It is advisable not to wait for the conflict to escalate before seeking legal advice. Early consultation can help avoid conflicts and find an amicable solution. A solicitor can explain your rights and obligations and assist you in communicating with the other parent. GoMovin helps you find the right solicitor and achieve a fair and sustainable solution. Our logistics experts assist you in considering all aspects of your move to ensure that moving with a child goes as smoothly as possible.
Prioritizing child welfare: Amicable solution ensures the child's future
Summary of Key Points
Moving with a child is a sensitive matter that requires careful planning and preparation. The consent of both parents is usually necessary. The welfare of the child takes top priority. Open communication and a mutually agreeable solution are in the best interest of the child. At GoMovin, we support you in taking all these aspects into account and ensuring a stress-free and legally sound move.
Outlook
A move with a child can be an opportunity for a fresh start. When well planned and prepared, it can enrich the lives of everyone involved. It is important to focus on the needs of the child and find a solution that is acceptable to all. At GoMovin, we wish you all the best for your move and are happy to offer advice and help. Our tips on relocating assist you in considering all aspects of your move, ensuring the move with a child is as smooth as possible.
We at GoMovin understand that moving with a child presents a special challenge. That’s why we offer comprehensive support covering all aspects of the move – from planning and organisation to legal advice and integration into the new environment. We want to help make the move as stress-free as possible, so you can focus on what really matters: your child and their needs. Our moving assistance helps you to consider all aspects of your move, making the move with a child as smooth as possible.
Stress-free move with a child: GoMovin provides comprehensive support
A move with a child is a particular challenge that requires a lot of planning and organisation. At GoMovin, we understand this and offer you comprehensive support to ensure your move proceeds smoothly and without stress. We assist you at every step, from the initial planning to moving into your new home. Our experienced moving experts are at your side with advice and support, making sure everything goes according to your wishes. We take care of logistics, packing, transport, and assembly of your furniture. This allows you to relax and focus on what's most important: your child and their needs.
Key Benefits of Moving with GoMovin
Here are some of the key benefits you'll gain:
Relief: We handle the entire organisation and execution of your move, so you don’t have to worry about anything.
Security: Your furniture and household items are in the best hands with us. We transport everything safely and reliably to your new location.
Time-saving: We complete all tasks quickly and efficiently, giving you time for other things.
We know that a move with a child is particularly sensitive. Therefore, we place great importance on ensuring your child feels comfortable and integrates well into the new environment. We help you find a suitable school or childcare facility and assist you in making contact with other families with children. This way, your child can quickly make new friends and feel at home in their new surroundings.
State grants for moves offer an excellent opportunity to ease the financial burden of moving with a child. Whether it’s a move within Germany or an international relocation, the available funding programmes and tax benefits make moving attractive and financially feasible.
With a variety of funding programmes and tax incentives, there are numerous ways to reduce the costs of moving. GoMovin offers you comprehensive advice and support in planning your move, meeting all requirements, and navigating through the entire process.
By choosing GoMovin, you are investing in a stress-free move. Not only do you reduce your workload, but you also secure professional support that covers all aspects of the move.
Now is the perfect time to explore your moving options. Contact us today to start your personalised consultation and plan your move quickly and easily. Register for free and receive an immediate no-obligation quote for your move.
Further useful links
On the Federal Ministry of Health, you will find information and guidelines on health in Germany.
DAK-Gesundheit provides information about health insurance and health topics.
AOK provides information about its services as a health insurance provider and offers health tips.
Techniker Krankenkasse (TK) offers information on its insurance services and health topics.
FAQ
Do I need the other parent's consent if we have joint custody and I want to move away with my child?
Yes, generally you need the other parent's consent if you have joint custody and want to move away with your child. This is especially true if the move changes the child's primary residence.
What happens if the other parent does not agree with my plans to move with the child?
If an agreement cannot be reached, you can go to family court. The court will decide taking into account the child's welfare. It is advisable to seek advice from a family law solicitor.
What criteria does the court consider when deciding on a move with a child?
The court considers various criteria, including the child's relationship with both parents, the impact of the move on the child's development, the stability of the new environment, and the opportunity for the other parent to exercise visitation rights.
What are the legal consequences of an unauthorised move with a child?
Moving without the other parent's consent can have legal consequences, especially if the move is abroad. The offence of child abduction under Section 235 of the German Criminal Code may be applicable.
What is the Hague Convention on Child Abduction (HCCA)?
The Hague Convention on Child Abduction (HCCA) governs the return of children who have been unlawfully taken abroad. A move abroad without consent may be considered child abduction.
How can I avoid conflicts when moving with a child?
The key to avoiding conflicts is open communication with the other parent. Inform them early about your moving plans and try to find an amicable solution.
What is a custody agreement and how can it help?
A custody agreement is an out-of-court settlement that addresses all relevant points such as visitation rights, child expenses, and parental responsibilities. It can help avoid conflicts.
What can I do if an unauthorised move is imminent?
If an unauthorised move is imminent, you can file a request for a temporary injunction with the family court to temporarily stop the move.
