(substitute) consent and adjustment of parenting plan via court?

Questioner

I live in South Holland. And after 7 years of divorce, the children are now 12 and 16, and I finally dated and now we bought a house together in Limburg. I have to be medically discharged and I really can't afford my rent of 1350 Pm after discharge. I have a medical indication for living on the ground floor and living on the ground floor was unaffordable for me except in North Holland, Zeeland and Limburg. An affordable home together was a welcome solution for me. My eldest will stay behind and wants to go to a new school from the Randstad. The youngest is a successful top athlete and has to look outside South Holland for a top sports coach 12+ and Lootschool (at the same location) and I found them. Both children want to go to Limburg but my ex doesn't give permission. He cries every day for the children and tells them that he will not see them anymore. Mediation 2 weeks ago failed on 'no permission to move' so further talking was pointless. I was the one with the highest income and paid everything for the children and after dismissal I don't know (uncertainty). My children allow me to go to court for substitute consent but I don't know if this is the right procedure.

Lawyer

Assuming that you have joint custody, it is very sensible to go to court to request substitute permission for the move. You give good reasons for wanting to do so. Given their age, both children will also be heard by the juvenile court judge about this. It is often the case that a certain compensation is offered at the time that the move will have an impact on the current care arrangement (contact arrangement) between the man and the children because you want to live a lot further away and it will then be more difficult to travel. Think of a longer stay of the children with the man during the holidays or compensation for picking up and dropping off. Sometimes permission is still given. Moving without his permission is a risk. He will then be able to start a procedure to determine that you were not allowed to move and must return. I can assist you with this. If desired, you can contact me.