To establish the residence of a minor abroad without the other parent’s consent, you must file a legal action for the determination of the child’s residence with the competent court.

This legal request aims to obtain a court decision permitting you to relocate with the child to another country, even if the other parent does not agree.

---

Key Steps in the Process

1. Preparing the Application

In your petition, you must demonstrate:

• The Best Interests of the Child:
  This is the primary criterion evaluated by the court. Demonstrate how the relocation will significantly benefit the child, including improved opportunities and well-being.
• Motivation for Relocation:
  Explain why you wish to settle in another country. Common reasons include better educational opportunities, career prospects, or improved living conditions.
• Relationship Between the Child and the Other Parent:
  Propose solutions to ensure the child maintains personal relationships and regular contact with the other parent. These could include visitation schedules and online communication.
• Integration into the New Environment:
  Provide detailed information about the child’s future environment, such as housing, schools, financial stability, and your plans for the child’s adaptation to the new location.

---

2. Filing the Application with the Court

The petition should be submitted to the court at the current residence of the child.

---

3. Presenting Evidence

The court will evaluate the following:

• Psychosocial Report:
  Prepared by the competent authorities, this report assesses the child’s circumstances and well-being.
• Psychological or Expert Evaluations:
  Any expert analysis regarding the psychological impact of the relocation on the child.
• Financial Documentation:
  Evidence demonstrating your financial stability and the living conditions available in the destination country.
• Accommodation Details:
  Proof of adequate housing arrangements in the new country.
• Adaptation Plan:
  Resources and strategies to help the child adjust to the new environment, including educational and emotional support.
• Additional Documentation:
  Any other relevant evidence, such as letters from prospective schools, employment offers, or professional references, that supports the decision to relocate.

---

The Legal Challenges and Support

Establishing the residence of a minor abroad can be a legally complex process. However, with proper preparation and specialized legal support, it is possible to secure a favorable court ruling in the child’s best interests.

At IB Legal, our experienced international family law attorneys provide personalized legal advice and representation of the highest professional standards. We are here to assist you every step of the way in resolving these cases efficiently and effectively.

Contact us for expert guidance tailored to your specific needs and circumstances. Let us help you achieve the best outcome for you and your child.