The Child's Residence — Agreement or Court
Where, because of a divorce or for another reason, the parents live separately, it depends on their agreement who has the right to decide with whom the minor child is to live. Where they disagree, the dispute over with whom the minor child is to live is decided by the court, taking into account the interests of the child. A plan to move to another country does not change this framework — it is part of the same dispute, and its international dimension requires a separate assessment; in every case we establish which norms apply to the concrete circumstances and build the position accordingly. Preparing this dispute means constructing a justification expressed in the language of the child's interests — school, environment, stability, the parent's actual capacities — and that is the material our team works on from the very first day of the case. Before the case begins, the question of the form the position will take must also be settled in good time: by agreement, where dialogue between the parties is still possible, or by court dispute — and the choice must rest on the actual stock of evidence, not on an emotional assessment.
The Special Rule on the Child's Representation in the Litigation
Cases of this category carry one important special rule: when the court decides with whom the minor child is to live, the parent's right to act as the child's representative in relation to the court dispute is suspended. The guardianship and care authority appoints a representative of the child who, during the hearing of the case in court, represents the interests of the child. This means that an independent voice participates in the process as well, and your position must convince that voice too. We assemble the evidence so that the assessment of the child's interests is framed by your position, and we plan the communication with the guardianship and care authority in advance. In practical terms this means the case begins with a detailed description of the child's life: where the child studies, with whom the child spends time, what contact exists with the other parent, and how stable is the environment each side proposes.