The basic rule

If your child lives in Lithuania and you want to move with them to another country for good, you need the other parent’s written consent. It does not matter that the child lives with you, or that a court has already decided where the child lives.

If the other parent refuses, the question goes to court. The court can allow the move or refuse it.

This rule comes from Article 3.174 of the Lithuanian Civil Code. Its logic is simple: a move abroad changes the child’s whole life, and makes it much harder for the other parent to stay involved. So neither parent can make that decision alone.

The easiest route is an agreement. A short note saying “I agree” is not enough in practice. A good agreement answers the questions that cause disputes later:

Where and when

The country, the city if known, and the date of the move.

Contact

How often the child will see the other parent, where, and during which holidays. Regular video calls belong here too.

Travel costs

Who pays for flights and who accompanies the child.

Maintenance

Whether the amount changes because of the new costs.

We recommend having the agreement notarised. It costs little compared with a dispute, and a notarised document is clear evidence of consent if anyone questions the move later, in Lithuania or abroad.

When the other parent says no

Mediation first

In Lithuania, contested family disputes start with mandatory mediation before going to court, unless there is domestic violence. A mediator helps the parents look for an agreement. Many relocation disputes end here, because the real disagreement is often about contact, not the move itself.

What the court looks at

If there is no agreement, the court decides based on the child’s best interests. It does not decide whether the parent has a good reason to move or a right to live where they choose. The question is only whether the move is good for the child.

In practice, courts look at things like:

  • the child’s age and how settled they are in Lithuania: school, friends, family;
  • the child’s relationship with each parent;
  • concrete conditions abroad: housing, school or kindergarten, healthcare, the parent’s job;
  • whether the plan for contact with the other parent is realistic and affordable;
  • the child’s own views, if the child is old enough to express them.

The child protection service (the State Child Rights Protection and Adoption Service) must take part and give the court its opinion. The court must also hear the child if the child is able to express their views.

What makes a strong case

Courts are more convinced by documents than by intentions. An employment contract, a tenancy agreement, a confirmed school place and a detailed contact schedule carry real weight. A general wish to “start a new life” does not.

The contact plan matters as much as the move. A parent who shows they will actively support the child’s relationship with the other parent is in a much better position than one who treats the move as a way to end it.

What not to do

Do not move first and ask later

Taking the child abroad without consent or a court decision can be treated as child abduction under the Hague Convention. The other parent can then ask the courts of the new country to order the child’s return, and those courts must act quickly. This is the worst possible start for the family and for your own case.

Do not stay abroad after a holiday

Keeping the child abroad after an agreed trip, without consent, is treated the same way as taking the child there.

Do not ignore a court ban

If the court has prohibited taking the child abroad while the case is pending, leaving anyway breaches a court order.

If you are the parent staying behind

If you learn that the other parent plans to move with your child, you have options:

  • you can simply refuse consent; the other parent will then need a court decision;
  • if there is a real risk that the child will be taken without permission, you can ask the court to prohibit taking the child out of Lithuania while the case is pending;
  • if the child has already been taken, read our guide on international child abduction. Acting quickly matters.

Refusing consent is not always the best strategy, however. If a court is likely to allow the move, negotiating good contact arrangements early may protect your relationship with the child better than a long case.

A checklist before you go

Before booking flights, make sure you have:

  • the other parent’s written, preferably notarised, consent, or a final court decision allowing the move;
  • an agreed contact schedule, including holidays and video calls, and who pays for travel;
  • a decision on child maintenance after the move (see child maintenance when a parent lives abroad);
  • the child’s documents: passport or ID card, birth certificate, medical and school records (see citizenship and passports);
  • confirmed housing and a school or kindergarten place in the new country;
  • copies of any Lithuanian court decisions about the child, translated if the new country will need them.

After the move

Once a child has moved lawfully and settled in the new country, the courts there usually take over future decisions about residence and contact. Within the EU, there is a short exception: for three months after the move, the Lithuanian court can still change a Lithuanian contact order if the other parent still lives in Lithuania.

That is why the contact arrangements should be settled before the move. Changing them later may mean going to court in another country, under another legal system and in another language.