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Gaëtan EscudeyLawyer & Mediator · Paris Bar

Questions and guides

Can I move abroad with my child?

Not on your own if the other parent also exercises parental responsibility, as is usually the case even after separation. Moving a child’s residence abroad is an important decision requiring both parents’ agreement. A parent whose move changes the child’s arrangements must also inform the other parent in advance and in good time (Article 373-2 of the French Civil Code).

Without agreement, the family court decides according to the child’s best interests. It considers the reasons for moving and the proposed living conditions, together with the criteria in Article 373-2-11: the child’s expressed feelings, each parent’s ability to respect the other’s rights and the parents’ previous arrangements. It allocates travel costs and, if necessary, adjusts child maintenance.

Leaving without agreement or court permission may lead to proceedings for the child’s immediate return (Hague Convention of 25 October 1980; Brussels II ter Regulation within the European Union) and criminal proceedings in France for removing a child (Article 227-7 of the Criminal Code).

Often the best route is an agreement prepared in advance: an international parenting plan covering residence, holidays, journeys, travel costs and remote contact, approved by the court and, where useful, in the destination country.

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