CHANGING A CHILD’S COUNTRY OF RESIDENCE AFTER DIVORCE
Can One Parent Relocate with Their Child to Another Country?
One of the most common questions we receive at our family law firm in Valencia is whether a parent can move their child abroad after a divorce. This is a sensitive issue that requires either the other parent’s consent or judicial authorization.
- When Can a Child’s Country of Residence Be Changed?
Under Spanish law, relocating a child to another country without the express consent of the other parent may be considered international child abduction. To do so legally, one must obtain:
- Mutual agreement between parents, documented in a custody agreement.
- Judicial authorization, if no agreement is reached.
- A report from the Public Prosecutor’s Office, assessing the impact on the child’s well-being.
- Factors Considered by the Courts
The court’s decision is based on the child’s best interests, taking into account:
- Reason for the relocation: Moving for work differs from relocating arbitrarily.
- Family and social ties in Spain: Judges assess the emotional impact on the child.
- Ability to maintain contact with the other parent: A feasible visitation plan is essential.
- The child’s age and opinion: From age 12 onward, the child’s preference is considered.
- What If the Other Parent Opposes the Relocation?
If no agreement is reached, the relocating parent must file a modification of custody terms request in family court. At our Valencia-based law firm, we assess each case individually to determine the feasibility of the move while protecting the rights of both the child and the parents.
If you are facing this situation and need legal guidance on child relocation, contact us. Our experienced family law team in Valencia is here to help you find the best solution.