Moving a Child with the Other Parent

QUESTION
May a parent to whom the child has been entrusted move to another city without the consent of the other parent?

ANSWER:
If the parents are legally divorced and the minor child has been entrusted by court decision to the personal care of only one of them, the key factor when assessing a possible move (i.e., change of permanent residence) will be the court’s determination of the other parent’s contact arrangements with the child.

Even if the parents have agreed not to request a court ruling on contact (§ 25(2) of Act No. 36/2005 Coll., the Family Act, hereinafter “FA”), this does not mean that the parent with custody can arbitrarily change the child’s permanent residence.

The other parent still has, under § 28(2) FA, both the right and the duty to provide the child with “continuous and consistent care for upbringing, health, nutrition, and overall development.” In exercising these rights, both parents must primarily act in the best interests of the child.

According to § 24(5) FA, “When deciding on the exercise of parental rights and obligations, or when approving the parents’ agreement, the court shall respect the minor child’s right to maintain relationships with both parents and shall always take into account the child’s best interests, particularly the child’s emotional ties, developmental needs, stability of the future upbringing environment, and the ability of the parent to reach agreement on the upbringing and care of the child with the other parent. The court ensures that the child’s right to upbringing and care by both parents is respected, as well as the child’s right to maintain regular, equal, and balanced personal contact with both parents.”

If there are no set rules on contact between the parent and the child, and the non-custodial parent fears that the custodial parent plans to move away (which would significantly limit contact), they may initiate court proceedings to arrange contact.

They may also apply for an interim measure to regulate contact until the court decides the matter. The aim of such an interim measure is to “ensure regular contact between the parent and the minor child to the extent necessary to preserve the existing relationship until the court decides the case on its merits” (Judgment of the Regional Court in Trnava, ref. no. 11CoP/96/2019).

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QUESTION
If I want to move to another country with my child, who is entrusted to my care, do I need the father’s consent?

ANSWER:
Under § 35 FA, moving a minor child abroad is considered a significant matter concerning the child’s life and generally requires the agreement of both parents. If the parents cannot agree, “the court shall decide at the request of either parent.”

By contrast, temporary travel abroad (such as for a trip or holiday) is generally not considered significant enough for court intervention (Judgment of the Regional Court in Žilina, ref. no. 11CoP/7/2021). However, the court in that case also noted that the traveling parent “should inform the other parent of the destination.”

In principle, “neither parent requires the other’s consent or a court order for short-term travel abroad with the child, but this does not apply in cases of long-term or permanent relocation” (Judgment of the Regional Court in Košice, ref. no. 8CoP/41/2015).

If relocation abroad against the other parent’s will would pose an immediate threat to the child’s health or cause another serious negative consequence, the other parent may seek an interim measure, such as a temporary travel ban for the child.

See also: