When people who are parents separate, they remain connected in some way through the children and have to face important questions concerning the children together. Questions about upbringing, school, hobbies of the children, vaccinations or again and again the place of residence. These are issues that polarize and where compromise is not always possible. In the case of separated parents, such issues have the potential to degenerate into real trench warfare. Most of the time, people don’t separate because they agree on everything and envision their future in exactly the same way. Especially when parents have an international connection or want to go abroad for work, this can lead to difficulties. Again, the question arises, who is allowed to decide about the place of residence or a possible change of residence (abroad) of the children? So, what is to consider when you are moving with a child?
Moving with a child – but what about custody
Custody means the care and upbringing of the child, legal representation and administration of property. If the parents are not married, the mother has sole custody. However, parents can decide on joint custody. If the parents are married, both parents are automatically entitled to joint custody.
Situation with sole custody
A distinction must be made between place of residence and place of stay. If one parent has sole custody, this parent alone can also determine the place of residence of the child and also decide alone on a transfer of the place of residence abroad. However, the other parent, who does not have the right of custody, must be informed and has the right to express his or her opinion. The determination of the place of residence, must not be confused with the determination of the actual residence of the child at any time. The parent who does not have custody may also determine where he or she wants to stay with the child within the scope of his or her right of contact. If, for example, a child lives mainly with the mother, who has sole custody, and the father has the right of contact with the child at weekends, the father may in principle decide for himself where he wants to spend time (in Austria) with the child at weekends.
Situation with joint custody – main residence is decisive
If both parents have joint custody of the child or children, but live separately, a main residence must be determined. It must therefore be determined in which household the main residence of the children is located. Sometimes this place is referred to as the “home of first order”. The person with whom the main residence of the children is determined has the right of residence determination. This means that this person may also basically determine the place of residence of the children. Nevertheless, there are particularities to be taken into account, especially in the case of a move abroad or a move to a distant place in Germany.
Attention: Obligation to notify when moving with a child
Relocations or the transfer of the place of residence in the case of children
READ NEXT
Visitation rights: The Christmas (un)peace – Law & Beyond (lawandbeyond.at)
Dawdling students: Child’s maintenance forever? – Law & Beyond (lawandbeyond.at)
