Before you move to another state with your child, you need to receive permission from the other parent. Permission is not necessary, if you have separate parental rights over your child.
Requirements for moving with a child
If you are separated from your partner, who is the other parent of your child, you should agree on the rules for parental rights of your child. If you plan to move to another state permanently and take your child with you, this agreement should include the rules for such a move.
According to Moldovan law, parents jointly exercise their parental rights, unless one parent’s separate parental rights has been established. Therefore, to be able to move to another state with your child, you have to have:
- either separate parental rights over the child or
- a written or notary certified agreement with the other parent or
- the written notary certified agreement of the child who has reached the age of 14 and express his choice which of the parents he wants to live with or
- an enforceable court decision holding on the child's residence, when parents cannot agree on the issue or the child who has reached the age of 14 refuses to choose which parent he wants to live with
example If a mother and child live in Moldova separately from the father but the parents have not agreed on the child's residence, she would not be able to lawfully move the child to Italy.
Read more about wrongful removal of a child to another state.
Disagreements with the other parent
Where the other parent does not wish to conclude an agreement on the child's residence, you may submit an application to a court of general jurisdiction (civil court) and request the determination of your child’s residence. Read more about separate parental rights.
Proceedings outside Moldova
If you reside outside Moldova, you should get acquainted with the information about legal requirements and removal proceedings in your state of residence. The European Judicial Network provides a brief overview of these proceedings within the Member States of the European Union.