Departure of the divorced wife with the children.
June 18, 2009 | 25,00 EUR | answered by Dr. Lars Nozar
My divorced wife has informed me that she will be moving her residence 240 km away in a few weeks. Our two children (4 and 12 years old) live with her, and due to her moving, I will not be able to see them very often in the future because of financial and professional reasons (shift work, long work hours). Neither the prospect of a job nor the extreme care needs of a relative are the reasons for her relocation.
Under what circumstances is my divorced wife allowed to relocate her residence in this way?
Hello, based on your question, I assume that both parents have joint custody. In general, the so-called principle of continuity applies in favor of the children. This means that they should not be torn from their social environment as much as possible. And this would especially be the case with a 12-year-old child. The child would have to completely rebuild friendships, etc. Therefore, your divorced wife must have very significant reasons for moving. A new job alone would not be sufficient. Instead, she would have to prove through a variety of job applications that she could not find a job nearby. Additionally, the reason of "job" contradicts the reason of "care" (which must be a close relative, not some distant relative with whom there may have never been regular contact). It's either one or the other.
Furthermore, your divorced wife would need a family law permission to be able to move. After all, you also have the so-called right of determining residence and are (equally!) against it. If your divorced wife has firmly announced the move, you should clarify this through initiating family court proceedings (possibly even as an interim injunction due to the urgency). In any case, you should seek the help of an experienced lawyer.
I hope this has helped.
Best regards
