Change of Child's Primary Residence - Legal Aid Office

Questioner

Ir/Madam: My husband and his ex-wife have mutually agreed to change their son's primary residence and contact arrangements have also been agreed. Now we would also like to have this on paper, so that child benefit etc. changes automatically. How can we arrange this together with mother as cheaply as possible? For example, are there already forms that we can fill out together and send somewhere? Or is a lawyer required? And what would something like that cost? regards

Lawyer

They can record the agreements together in writing and then both sign for approval. The change of the primary residence can be realized very easily in practice by deregistering the child with one parent and then registering it with the municipality at the address of the parent where the child will then live. The child benefit is paid to the parent with whom the child is registered at the address. In order to qualify for the applicable tax benefits and possible allowances, you will also have to report the change of the child's primary residence to the tax authorities yourself and apply for the allowances. Assistance from a lawyer may be desirable, but is not necessary. If you seriously want to obtain a ruling from the court in which the child's primary residence is determined, a lawyer will have to submit a request to the court. The costs of this depend on the level of your partner's and your own income. It may be that you are eligible for subsidized legal aid. Your income may then amount to a maximum of 36,400 euros per year.

Lawyer

A court ruling is only necessary if it is expected that problems will arise between the parties. If this is not the case, the agreements can be recorded in an agreement, as my colleague already reports. It is advisable to have the draft agreements reviewed by a lawyer. Costs: approx. €200/250. If desired, you may contact me directly for this.