I want to relocate with my child to another EU country. Do I need my ex's consent?

What the Law Says

EU law does not set a single uniform rule for child relocation, but relies on two key instruments: Council Regulation (EC) No 2201/2003 (Brussels IIa) and the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children. These apply across all EU Member States (except Denmark).

Brussels IIa governs jurisdiction and recognition of decisions on parental responsibility. It defines 'parental responsibility' broadly — including rights of custody and access — and states that any decision affecting a child’s residence must respect existing arrangements.

Under Brussels IIa, courts in the child’s ‘habitual residence’ have jurisdiction. If you move without consent or court authorisation, the other parent may file for the child’s immediate return under Article 11 — similar to the Hague Child Abduction Convention.

The 1996 Hague Convention (which replaced Brussels IIa provisions on non-return after 2022 for most matters) reinforces that relocation affecting custody rights requires prior agreement or judicial approval. Its Article 7 says: 'The authorities of the Contracting State where the child is habitually resident shall have jurisdiction to take measures of protection.'

Statutory Text

The authorities of the Contracting State where the child is habitually resident shall have jurisdiction to take measures of protection.

— 1996 Hague Convention, Art. 7

Statutory Text

The court of the Member State in which the child is habitually resident shall have jurisdiction to rule on matters of parental responsibility.

— Council Regulation (EC) No 2201/2003 (Brussels IIa), Art. 8(1)

Sources