Is the other parent’s permission required?

When a child is taken to another city within Kazakhstan, it is important to distinguish between two situations:

1. A short-term trip — vacation, visiting relatives, medical treatment, sports competition, school event, or a trip for several days.
2. Permanent relocation — changing the child’s place of residence, school, kindergarten, daily routine, and access to the other parent.

For a short-term trip within Kazakhstan, notarized consent from the other parent is generally not required. However, it is advisable to notify the other parent in advance: where the child is going, for how long, where the child will stay, and how contact will be maintained.

If the child is being moved to another city permanently, the issue becomes more serious. Such relocation may affect the child’s place of residence and the other parent’s right to communicate with the child. In that case, written consent or a court decision may be necessary if there is a dispute.

What is the difference between a trip and relocation?

A short-term trip is temporary. The child is expected to return home.

Examples include:

• visiting grandparents during school holidays;
• medical treatment in another city;
• a weekend trip with the father;
• a sports tournament;
• vacation within Kazakhstan.

Permanent relocation changes the child’s ordinary life:

• the child will live in another city;
• school or kindergarten may change;
• medical care may change;
• the visitation schedule may become difficult;
• the other parent may lose regular contact.

Permanent relocation is the situation that most often leads to court disputes.

Should the other parent be notified about a short trip?

Yes, notification is recommended. Even if notarized consent is not formally required, notice helps prevent conflict.

The message may include:

• city of travel;
• departure date;
• return date;
• address where the child will stay;
• purpose of the trip;
• phone number for contact;
• how the child will communicate with the other parent.

This is especially important if there is already a conflict between the parents or a court-approved visitation schedule.

Can a parent relocate with the child without the other parent’s consent?

If the other parent does not object, the parents may agree in writing. The agreement may specify the child’s new address, visitation schedule, video calls, holidays, travel expenses, and other conditions.

If the other parent objects, unilateral relocation may create legal risks, especially if:

• the child’s place of residence has already been determined by court;
• a visitation schedule has been established;
• the other parent actively participates in the child’s life;
• relocation removes the child from a familiar environment;
• the child changes school or kindergarten;
• the new address is hidden.

In such cases, it is safer to apply to court and prove that the relocation is in the child’s best interests.

If the child’s place of residence has already been determined by court

If the court has already determined that the child lives with the mother or father, relocation to another city must be handled carefully.

For example, if the child lives with the mother and the mother wants to move to another city, she should:

• notify the father in advance;
• provide the child’s new address;
• propose a new visitation schedule;
• maintain video communication;
• agree on school vacation visits;
• apply to court if there is a dispute.

If relocation makes the previous visitation schedule impossible, the other parent may ask the court to change the visitation schedule or reconsider the child’s place of residence.

If a visitation schedule has been established

If the court has established a specific visitation schedule, relocation should not effectively deprive the other parent of communication with the child.

For example, if the father has the right to see the child every Saturday from 10:00 a.m. to 6:00 p.m., and the mother moves with the child to another city, the previous schedule may become impossible to follow.

In such cases, the parents should:

• agree on a new schedule;
• arrange video calls;
• set longer meetings during school holidays;
• decide who pays travel expenses;
• apply to court if there is no agreement.

The court will assess whether the relocation is in the child’s interests and whether it unreasonably limits the other parent’s right to communicate.

What can the father do if the mother moved the child to another city?

If the mother moved the child to another city and does not provide the address, prevents communication, or violates the visitation schedule, the father may:

1. Request the child’s address in writing.
2. Ask for a new communication schedule.
3. Save correspondence, calls, and messages.
4. Apply to the guardianship authority.
5. Contact an enforcement officer if there is a court decision.
6. File a claim to modify the visitation schedule.
7. File a claim to determine the child’s place of residence if necessary.
8. Contact the police if there is a risk to the child.

Hiding the child from the other parent may be negatively assessed by the court.

What can the mother do if the father took the child to another city?

If the father took the child to another city and refuses to return the child or disclose the child’s location, the mother may:

• send a written demand to return the child;
• request the child’s location;
• save all messages;
• apply to the guardianship authority;
• contact the police if there is a risk;
• file a claim to determine the child’s place of residence and return the child.

If the child’s residence has already been determined with the mother by court, she may contact an enforcement officer to enforce the court decision.

Can a parent say, “I am also a parent, so I can take the child”?

A parent does have parental rights. However, parental rights do not mean that a parent may unilaterally change the child’s place of residence, hide the child from the other parent, or violate a court-approved visitation schedule.

If a parent believes the child should live in another city, the proper way is to agree with the other parent or apply to court.

Creating a “fact of relocation” first and then asking the court to accept it may be a risky strategy.

When should the matter be taken to court?

Court action may be necessary if:

• the other parent objects to relocation;
• relocation violates the visitation schedule;
• the child has already been taken and is not returned;
• the parent hides the child’s address;
• there is a dispute about the child’s place of residence;
• there is a risk of international travel;
• one parent demands the return of the child;
• a new visitation schedule is needed.

Depending on the situation, the claim may concern:

• determining the child’s place of residence;
• changing the child’s place of residence;
• changing the visitation schedule;
• returning the child;
• interim protective measures.

What does the court consider?

The court evaluates the child’s interests, not only the convenience of the parents.

The court may consider:

• the child’s age;
• the child’s health;
• the child’s familiar environment;
• school or kindergarten;
• housing in the new city;
• access to education and medical care;
• reason for relocation;
• parent’s employment;
• relationship with the other parent;
• ability to maintain contact;
• child’s opinion, depending on age and maturity;
• opinion of the guardianship authority;
• conduct of both parents.

Relocation must be safe and beneficial for the child, not merely convenient for the parent.

What evidence is needed?

A parent who wants to relocate with the child should prepare:

• housing documents or lease agreement;
• employment documents in the new city;
• school or kindergarten information;
• medical care information;
• explanation of the reason for relocation;
• proposed communication schedule with the other parent;
• video call schedule;
• school holiday visitation plan;
• travel expense arrangements;
• opinion of the guardianship authority, if available.

If the other parent objects, they may argue that relocation would disrupt the child’s stability, education, medical care, or relationship with the other parent.

Is a written agreement recommended?

Yes. A written agreement between the parents is strongly recommended.

It may include:

• the child’s new city of residence;
• new address;
• visitation schedule;
• video calls;
• school holidays;
• public holidays;
• travel expenses;
• how the child will visit the other parent;
• how school and medical issues will be handled.

A written agreement reduces the risk of future disputes.

Is moving to another city the same as going abroad?

No. Moving to another city means relocation within Kazakhstan.

Taking a child abroad is a separate legal issue involving passports, border crossing, visas, consent rules, and the requirements of foreign states.

However, in both situations, the child’s interests and the rights of the other parent must be considered.

Common mistakes parents should avoid

Parents should avoid:

• secretly taking the child to another city;
• hiding the new address;
• blocking communication with the other parent;
• violating a court-approved visitation schedule;
• failing to provide information about school or kindergarten;
• using the child as pressure;
• ignoring the guardianship authority;
• assuming that “being a parent means I can do anything.”

The best approach is to notify the other parent, reach a written agreement, and apply to court if there is a dispute.

Conclusion

For a short trip to another city within Kazakhstan, notarized consent from the other parent is generally not required. However, it is advisable to notify the other parent in advance.

For permanent relocation, the situation is more complex. Relocation may affect the child’s residence, school, daily routine, and the other parent’s right to communicate with the child.

Therefore, written consent is recommended. If there is no agreement, the dispute should be resolved by court. The main criterion is the child’s best interests.

FAQ: Frequently Asked Questions

1. Is notarized consent required for a child to travel to another city?

For a short trip within Kazakhstan, notarized consent is generally not required. However, written notification is recommended.

2. Is consent needed for permanent relocation?

Yes, consent is recommended. If the other parent objects, the issue may need to be resolved in court.

3. Can a parent relocate with the child without court?

Yes, if the other parent does not object and the child’s rights are not violated. A written agreement is best.

4. What if the other parent objects to relocation?

The parents should try to agree. If no agreement is reached, the dispute may be resolved by court.

5. What can the father do if the mother moved the child to another city?

He may request the address, apply to the guardianship authority, go to court, or contact an enforcement officer if there is a court decision.

6. What can the mother do if the father took the child and does not return them?

She may contact the guardianship authority, police if there is a risk, court, or enforcement officer if there is a court decision.

7. Can the child be moved if there is a visitation schedule?

Only if the schedule is not violated. If the old schedule becomes impossible, it should be changed by agreement or court decision.

8. Can the court allow relocation?

Yes, if relocation is in the child’s best interests and reasonable communication with the other parent is preserved.

9. Is the child’s opinion considered?

Yes, depending on the child’s age and maturity.

10. Should the guardianship authority be involved?

If there is a dispute, yes. The authority may inspect the situation and provide an opinion.

11. Can relocation affect the child’s place of residence?

Yes. If relocation harms the child’s interests or deprives the other parent of communication, the court may reconsider the child’s residence.

12. Can the claim be filed online?

Yes. In Kazakhstan, the claim may be filed electronically through the “Court Cabinet” system.