Can a Parent Relocate Abroad with Their Child After Divorce?
A common concern among international families living in Spain.
In our family law practice based in Valencia, we regularly receive this pressing question from separated or divorced parents — particularly those of foreign nationality:
“Can I legally move abroad with my child after the divorce?”
The answer is complex and requires careful legal consideration. International relocation of a minor cannot be decided unilaterally. It carries significant legal, emotional, and practical implications, and is governed by both national and international legal frameworks.
What Does Spanish Law Say?
Spanish law is clear: moving a child abroad without the explicit consent of the other parent, or without a court order, may amount to international child abduction, which carries serious legal consequences.
In order to lawfully relocate a minor to another country, one of the following must apply:
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Mutual agreement between both parents, formally reflected in the custody agreement or authorised by the court.
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Judicial authorisation, when no agreement can be reached.
In either case, the Public Prosecutor (Ministerio Fiscal) will be involved to evaluate the potential impact on the child’s wellbeing.
What Do Courts Consider When Authorising a Move?
The guiding principle is always the best interests of the child. In practice, judges will evaluate several key factors, including:
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The reason for the relocation: Professional opportunities or family reunification are viewed differently from moves based solely on personal preference.
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The child’s ties to Spain: School, extended family, friendships and emotional stability are carefully weighed.
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The relationship with the other parent: Any move must ensure a realistic and ongoing contact arrangement with the non-relocating parent.
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The child’s own views: From the age of 12, a child’s opinion must be heard and may carry substantial weight.
What If the Other Parent Objects?
If no agreement is possible, the relocating parent must file a modification of measures request before the Family Court. This is a formal legal process that requires evidence, preparation, and a strong legal strategy.
In Summary
Relocating to another country with a child after divorce is not a personal decision — it is a legal one, with long-term consequences for all parties involved.
In our practice, we treat each case individually, with particular attention to international elements, to ensure that the rights of the child — and both parents — are respected and protected.
If you are considering relocating abroad with your child after separation or divorce, consulting a family law expert is essential before taking any steps.
Sandra Márquez
Family Lawyer — International Relocation & Custody Matters