Moving abroad with a child: a legally secure start to the new phase of life

An international change of residence is highly sensitive from a legal point of view. We clarify the requirements under Austrian law for you so that your move does not become a legal trap.

Table of contents

Relocating the primary residence of a minor child to another country is a significant matter of custody. Under Austrian law, your obligations depend largely on the existing form of custody:

  • When working together custodyYou must have the consent of the other parent or a court authorization (§ 162 para. 3 ABGB).
  • In the case of sole custodyConsent of the other party is generally not required. However, there is a legal obligation to provide information about the transfer of domicile (§ 189 Para. 1 Z 1 ABGB).

Relocating abroad: What parents need to know

We will be happy to advise you personally.

The Nagler Law Firm will be happy to advise you personally and comprehensively on all legal issues. Our aim is not only to provide legally correct advice, but above all to do so in an understandable, forward-looking and solution-oriented manner. Every legal situation is individual - which is why we take the time to understand your concerns in detail and develop a tailor-made strategy together with you.

Moving abroad with a child is legally sensitive - especially in the event of separation or divorce. Under Austrian law, there are clear rules that must be adhered to in order to avoid serious legal consequences.

Moving abroad with a child: what parents need to know

Legal basis: custody decides

Moving the center of life of a minor child abroad is an essential matter of custody. Under Austrian law, your obligations depend largely on the existing form of custody:

    • When working together custodyYou must have the consent of the other parent or a court authorization (§ 162 para. 3 ABGB).
    • In the case of sole custodyConsent of the other party is generally not required. However, there is a legal obligation to provide information about the transfer of domicile (§ 189 Para. 1 Z 1 ABGB).

If no agreement can be reached between the parents, the guardianship court can decide on the admissibility of the move abroad.
The court takes particular account of the following:

  • the best interests of the child as the primary criterion
  • the rights of both parents, for example to freedom of movement and the exercise of their profession
  • the nationality of the child
  • Language skills and cultural anchoring
  • Social ties of the child at home and abroad

 

Permission may also be granted if it would be in the child's best interests to remain in Germany, provided that the interests of the parent wishing to move outweigh those of the child.

Court approval

Attention: Serious consequences of unauthorized relocation

A move without the necessary legal protection can have drastic consequences:

  • Repatriation claimThe move can be considered a wrongful removal under the Hague Convention on Child Abduction (HCCA).
  • Compensation for damagesViolation of the good conduct requirement may result in financial claims.
  • Deprivation of custody: In serious cases, the court may custody withdraw.

Every case is different. Whether joint or sole custody, whether it involves the EU or a third country, administrative approval or a court—we’ll thoroughly review your situation and show you the legally sound path forward.
Arrange a consultation now before you make irreversible decisions.

Our advice: Clarify the legal aspects of your planned move

Why the Nagler Law Firm?

Many years of experience

The Nagler Law Firm has many years of experience in various legal areas and offers its clients sound legal advice and committed representation.

Languages

German, English, Turkish, Russian and Ukrainian: For smooth communication with clients from different language areas.

Your law firm near you

We place great value on personal and local support, enabling us to develop customized solutions that are optimally tailored to the individual needs of our clients.

Our core competencies

Family Law, Estate Planning, Real Estate Law, and Litigation: We combine broad expertise with practical experience in key areas of law.

A well-coordinated team for your concerns.

We analyze your situation quickly and on a case-by-case basis—whether you’re in the EU or a third country, the child’s habitual residence, current custody-/Visitation rights status, as well as existing agreements or court orders. In doing so, we clarify responsibilities, review the evidence, and immediately identify the necessary steps—as well as the mistakes that must be avoided at all costs.

Preventive strategy:
Before irreversible facts arise (travel, relocation, longer stay abroad), we develop a legally secure procedure: clear agreements on return, handovers, communication and deadlines - so that your position is secured and holds up in the event of a dispute before the authorities/courts.

Multilingual representation:
We conduct negotiations with the other parent and represent you - multilingually - both out of court and in court. On request, we can coordinate translations and liaise with the relevant authorities to ensure that your claims are enforced efficiently and consistently.

Client Advisory Services at the Nagler Law Firm in Vienna

Reliability, experience and humanity – this is what our team stands for, and we are fully committed to protecting your legal interests.

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