Co-parenting and relocation: your rights

Questioner

I have joint custody with my ex-husband. My new boyfriend wants me to come and live with him and my children (51 km away). This is not practical. My eldest will go to secondary school next year and my youngest is still in primary school. If I go to court, will I win? My relationship is unstable and very intense and my ex-husband knows this. I think I don't stand a chance, is this correct? and will the costs be covered by legal expenses insurance?

Lawyer

Regarding the last question, you will need to check your policy. Family law matters are often excluded. If in doubt, call ahead. Regarding your case: if the move is purely motivated by love, and there is no additional weighty interest, then you can assume that you have little chance.

Questioner

What is then a weighty interest? If I read it on www.rechtspraak.nl you have to come up with very very very good arguments.... and the only argument I have is that I want to be with this man. My children (9 and 11) do not want me to move and my ex-husband wants to continue sharing the care together. But if necessary he will take the children into his home because he does not want them to move with him. My current boyfriend does not want to sell his house, that is his argument for letting me live with him and my children. He does not want to put his house up for sale because of the current market.... So what could be a weighty interest?

Lawyer

I see few possibilities based on what you describe. It will have to come down to consultation. You will have little chance of success through the judge. In practice, it comes down to the judge giving more weight to the interests of the children.