GermanyCan I move to another city with my child after separation?
Yes, but only if it serves the child’s best interests and both parents agree—or a court approves the move after reviewing its impact on the child’s welfare and the non-custodial parent’s rights.
What the Law Says
German family law treats relocation with a child after divorce as a major decision affecting parental responsibility. The law prioritizes the child’s welfare above parental convenience.
Under BGB § 1627, both parents must exercise parental care jointly and in mutual agreement — even after divorce — unless a court has awarded sole custody. This includes decisions about where the child lives.
If parents share custody (Sorgerecht), moving the child to another city — especially one that significantly disrupts visitation or contact with the other parent — requires the other parent’s written consent. Without consent, the relocating parent must apply to family court for permission.
The court does not ask whether the move is reasonable for the parent (e.g., for a new job or partner), but whether it objectively benefits the child’s development, stability, education, emotional well-being, and relationship with both parents.
Statutory TextDie Eltern haben die elterliche Sorge in eigener Verantwortung und in gegenseitigem Einvernehmen zum Wohl des Kindes auszuüben. Bei Meinungsverschiedenheiten müssen sie versuchen, sich zu einigen.
— BGB § 1627 — German Civil Code
What Courts Have Said
German courts consistently hold that relocation is not a parental right — it’s a child-centered decision requiring rigorous scrutiny.
A custodial parent wishing to relocate to a distant city with the child must demonstrate that the move serves the child's best interests, not merely the parent's personal or professional goals.
What to Do
Try to reach written agreement with the other parent before making plans.
If agreement fails, file an application (Antrag auf Zustimmung zur Umzugsentscheidung) at your local family court (Familiengericht).
Prepare evidence showing how the move benefits the child: school options, housing stability, extended family support, and a realistic visitation plan.
Attend mediation or court hearings prepared to address concerns about reduced contact with the non-relocating parent.
Sources
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European UnionNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.