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If your ex-spouse wishes to move to another city with your child, he does not need your authorization but he must inform you within a reasonable time. It is then necessary to reorganize the mode of care. The law cannot prohibit a move, but you can contact the family court judge.
Does he need my permission?
Your ex-spouse does not need your permission to move in with your child, but he must notify you of his intention. He must inform you within a reasonable time, that is to say 3 or 4 months before the move, even if there is no legal time limit. It is preferable that this be done by email or by registered letter to keep proof of its intention. If the duty to inform is not respected, the ex-spouse risks a criminal sanction.
Should we rearrange the mode of care?
If your ex-spouse moves away from your home, the custody arrangement will have to be rearranged, especially if it is the latter who has custody of the child. It will therefore be necessary to modify the right of access and accommodation and to give more weekends and public holidays, for example, to the parent who does not have custody.
Can I contest the move?
The law does not prohibit the move so it is not in itself questionable. However, it is possible for you to seize the judge of the family businesses so that it changes the mode of a guardian and gives you the guardian. This will verify that your ex-spouse is moving for legitimate reasons and not to be away from your child. If the judge does not want to change anything, you can appeal his decision.
Société d’Avocats DAMY , Nice, My ex-husband wants to move with our child; 2022 Update
