Before you move to another state with your child, you need to receive permission from the other parent. Permission is not necessary, if you have separate parental custody rights over your child.
Requirements for moving with a child
If you are separated from your partner, who is the other parent of your child, you should agree on the rules for parental custody of your child. If you plan to move to another state permanently and take your child with you, this agreement should include the rules for such a move.
According to Latvian law, parents jointly exercise their custody rights, unless one parent’s separate custody has been established. Therefore, to be able to move to another state with your child, you have to have:
- either separate custody over the child or
- receive written or notary certified permission from the other parent
example If a mother and child live in Latvia separately from the father but the parents have not agreed on the mother’s separate custody rights, she will need to obtain the father’s permission to lawfully move the child to Lithuania.
Read more about wrongful removal of a child to another state.
Disagreements with the other parent
Where the other parent does not grant you permission or does not wish to conclude an agreement on separate custody, you may submit an application to a court of general jurisdiction (civil court) and request separate parental custody over your child. Read more about separate custody rights.
Proceedings outside Latvia
If you reside outside Latvia, you should get acquainted with the information about legal requirements and removal proceedings in your state of residence. The European Judicial Network provides a brief overview of these proceedings within the Member States of the European Union.