Can I move abroad with my children?

A new job in London, a return to your home country, a new partner abroad or simply the wish to start over somewhere else.

If you have children, moving abroad is not only a personal decision. Depending on the parental arrangements in place, you may need the other parent’s consent before changing the child’s residence to another country.

Under Swiss law, the key issue is parental responsibility.

Do I Need the Other Parent’s Consent?

If both parents have joint parental responsibility — which is now the general rule in Switzerland — moving the child’s residence abroad requires the other parent’s consent.

If the other parent does not agree, the move must be authorised by the court or the child protection authority.

This applies even if the children live mainly with you. Having day-to-day custody does not automatically give you the right to decide alone that the children will move to another country.

If one parent has sole parental responsibility, the rules are different, although the other parent must still be informed in good time of the intended move.

What if the Other Parent Refuses?

A refusal does not automatically prevent the move.

The Swiss court will focus primarily on the best interests of the child, not simply on which parent has the stronger preference.

The Federal Supreme Court has made an important distinction: the court is generally not deciding whether a parent is allowed to move abroad. An adult remains free to relocate. The real question is whether the child should move with that parent or remain in Switzerland with the other parent.

The answer depends on the circumstances.

The court may look at the existing childcare arrangement, which parent has been the primary carer, the child’s age, schooling, language, social and family ties, the situation awaiting the child abroad and whether meaningful contact with the parent remaining in Switzerland can still be maintained. For older children, their own views may also become increasingly important.

A parent who has been the child’s main caregiver and intends to continue in that role may therefore be in a very different position from parents who have been sharing care equally.

The Move May Change Custody, Contact and Child Support

Authorising the relocation is only part of the issue.

If the children move abroad, the existing arrangements may no longer work. Weekend contact every second week may become unrealistic, travel costs can increase significantly and holidays may need to be reorganised.

Swiss law therefore requires the arrangements concerning care, contact and child maintenance to be reconsidered where necessary.

This is particularly important in international cases because, once the child becomes habitually resident abroad, jurisdiction over future child-related matters will generally shift to the authorities of the new country of habitual residence.

Do Not Move First and Ask Permission Later

This is where things can become serious.

Taking a child abroad without the required consent or authorisation — or travelling abroad for a holiday and then deciding not to return — may constitute a wrongful removal or retention of the child.

International proceedings may then be started to seek the child’s return to Switzerland under the Hague Convention on International Child Abduction.

In other words, even where the proposed move itself might ultimately have been authorised, leaving first and dealing with the legal issue afterwards can create a much more difficult situation.

Plan the Move Before You Announce It

If you are considering relocating abroad with your children, it is worth assessing the legal position before making irreversible arrangements.

Where would the children live? Which school would they attend? How would they maintain regular contact with the other parent? Who would pay for flights? How would holidays be divided? Would the current maintenance arrangement still make sense?

A consultation with a Swiss family lawyer before announcing or organising the move can help determine whether the other parent’s consent is required, how strong a relocation request may be and what should be put in place before an application is made.

With an international relocation, it is usually much easier to plan first than to try to repair the situation after the children have already crossed the border.