After a divorce or separation, you or your partner may want to move to another state with your child. In another situation, the other parent may have already moved to another state with your child.
Moving to another state with a child
The opportunity for a parent and a child to enjoy each other’s company is a fundamental element of family life. Their desire and opportunity to live together and contact each other regularly is protected by the human right to a family life. This right would be violated if the other parent removed your child to another state wrongfully (unlawfully).
If you wish to move to another state with your child, you need to have either separate parental custody rights over the child or you need to obtain permission from the other parent. Otherwise, moving the child to another state will be considered a wrongful removal (also known as a child abduction). In such a case, the other parent can request that the child be returned.
The wrongful removal of a child to another state
If you have separate or shared custody over your child and the other parent has moved him/her to another state without your permission, you have the right to request your child’s return to the state of his/her previous residence. Read more about what is a wrongful removal of a child and how to protect your rights in such a situation.
About this section
In this section, you can learn about the legal requirements for moving to another state with your child, and how to protect your parental rights if the other parent has wrongfully moved your child to another state.
important The requirements described in this section will not be applicable if your child has reached 16 years of age or if your child has been removed to another country by another person (not a parent or legal guardian). In such a case, you should contact the police or other competent state authorities, such as the Ministry of Justice. This section also does not apply to taking your child for a short-term visit to another state, such as if you are travelling abroad.