Consequences of agreeing to move daughter abroad with ex?

Questioner

My ex-wife is married to an American and wants to move to America and she wants to take my youngest daughter of almost 15 years old with her. She now wants my approval that she moves with me via an official document. She needs this she says because she is now applying for a green card for her and that can only be done at the same time as that of my ex. That process will take between half a year and maybe even 3 years. In 15 months my youngest daughter will be 16 and she can indicate which parent she wants to live with. She does not want to go to America with me. According to the parenting plan my daughter is with me every other weekend and on Wednesdays. The rest of the time with my ex. We have informally changed it to every other week, so co-parenting without adjusting the parenting plan and the alimony. I have three questions: 1. Can my ex just shirk her parental duties and move far away? 2. What is the legal validity of the document with which I agree to the move. What am I giving up and my daughter is then 16 and can decide for herself? 3. Can my ex apply for the green card for her without an agreement?

Lawyer

1. If both parents have custody, one parent needs permission from the other parent to move with the child. This applies to both moves within the Netherlands to another municipality, and to moves abroad. If there is no permission, the parent who wants to move can ask the court for substitute permission. It is up to the court to decide, whereby the interests of the child are paramount. 2. If you give permission for the move now, this may affect the legal process. This could be disadvantageous if you later – when your daughter is 16 and can choose for herself – want to object to the move. The legal validity of the document in which you agree to the move depends on the precise content and wording of the document. I recommend that you seek legal advice before signing such a document. 3. As far as I know, your ex can apply for a green card for herself without your consent. Whether she can also apply for a green card for your daughter without your consent, I do not know. This is a matter of US immigration law, and I recommend discussing this with a lawyer or attorney who specializes in US law. As always, it is important to discuss your personal situation with a lawyer or attorney specializing in family law to ensure you receive all relevant information and advice.' ---------------- Please note! This orientation advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer ---------------- Call us for further assistance Stichting Rechtswinkel.nl is a national organization with students and volunteers. We may be able to help you free of charge or refer you to a reliable lawyer or legal expert. Call us during office hours on 040 2350423.