Child Relocation 2023 Comparisons

Parental responsibility and powers over a child are set out in the Act on Child Custody and Right of Access (Law 361/1983), and it is stated that a custodian who has parental responsibility for a child shall ensure the child's wellbeing, development and care. For this purpose, the custodian has the right to decide on the care, upbringing, education, place of residence, hobbies and other personal matters of the child. The custodian also represents the child in matters concerning his or her person, unless otherwise provided by law.

The person who gives birth to a child is the mother of the child and is, by law, the custodian of the child with parental responsibilities. There are no requirements other than parenthood itself.

The father of a child is also, by law, the custodian of the child with parental responsibilities. There are no requirements other than parenthood itself.

When a non-genetic parent has been granted the legal status of parent, he or she will automatically have parental responsibilities. These situations are mainly related to same-sex couples.

In addition, custody rights for a child (similar to parental powers) can be awarded to any adult person if this is in the best interest of the child. This person does not have to be a parent;the child can have both parents with parental responsibilities and also have a third person with court-granted parental responsibilities. The main requirement is that such non-parent custodianship is in the best interest of the child, and that this person is suitable as a custodian and able to take care of parental responsibilities. If the child already has two parents, a third person with parental responsibilities can be ordered only in extraordinary situations.

Normally, these non-genetic parent custodians are used when a child does not have another parent and the parent’s new partner wants to have legal status with parental responsibilities but adoption is out of the question.

The marriage of the mother and father has relevance at the point of birth. The husband is the father of a child if the child is born during the marriage of the mother who gives birth to the child. This has been the legal principle in Finland for many decades. In this respect, the point of conception does not have relevance.

The time of conceiving can have relevance in cases when the husband has died during the pregnancy. If the marriage has been dissolved before the birth of the child due to the death of the husband, the husband is the father of the child if the child was born at such a time that the child could have been conceived before the husband’s death. However, if the mother has entered into a new marriage before the birth of the child, the latter husband is the father of the child according to the main rule.

In situations where there is no legal presumption of fatherhood due to marriage and the mother who gave birth to the child had received assisted fertility treatment from an official fertility clinic, the woman who, in agreement with the birth mother, had consented to the treatment can be established as the second mother of the child in addition to the birth mother. When such motherhood is verified, both mothers have parental responsibilities according to law.

Male couples do not have the same possibility, but it is possible to award custody to a same-sex partner, and said custodian will have the same parental responsibilities as the parent (but no legal obligation to provide alimony). Custody can be granted by the court and it is relatively easy to obtain a custody order for a same-sex partner if the child only has one parent/custodian.

It is also possible to use interfamily adoption if a same-sex couple is married. If all parties are willing to partake in the adoption, the court normally grants adoption and the same-sex couple partners both become parents with parental responsibilities. All these possibilities can be used by female couples as well.

When adoption is granted by the court, the adoptive parents automatically become parents and have all the parental responsibilities and powers. There are no extraordinary requirements in this regard.

After an adoption, the biological parents are irrevocably exempt from all parental responsibilities.

Moving abroad requires consent from the other parent if said parent has custody rights, which parents always have if not otherwise ordered by the court; it is quite rare for all custody rights to be taken from a parent by court decision.

If consent from the other parent is not available for relocation, a parent can make an application to the local court, which can then decide whether relocation is allowed.

If a primary care giver plans to move within Finland, he or she is required to notify the other parent of his or her intention to move, if the move would have an impact on the realisation of child custody or right of access. The law also states that such notification shall be made well in advance – if possible, at least three months before the intended move.

If the move is to a nearby location, when it usually does not affect visitation rights, the move cannot be opposed by the other parent. If the child’s school would also change, this could raise questions if the child is receiving special tutoring or has skills that require attending a certain school. Other than this, the primary care giver can move freely to nearby locations.

If the new location would be further away in a totally new city within Finland, the move should be discussed between the parents. If the move does not affect visitation rights, it is in principle allowed, and in practice as Finland is not a very large country visitation rights can normally be secured even after the move. It is also considered to be in the child’s interest that the primary care giver parent can move if this allows him or her to support their family with increased finances due to new work that requires moving.

The biggest problems arise if children live on a week-by-week basis with each parent. In these cases, the move is not normally allowed by the other parent, and the moving parent must take the case to court if he or she must move. The court will then decide where the children will live, and the parent who is not moving seems to have better chances of having the children live with him or her, and the other parent will have lesser visitation rights after moving.

If a case is disputed, it is always possible for each parent to ask the court to state where the children should live, whether they should move with the primary care giver and, if so, how visitation rights are determined. In extremely disputed cases, the court can even state which school the children should attend and give other orders on parental responsibility matters, although courts are reluctant to give such orders unless necessary.

These are the main rules if a parent would move within Finland. Generally, the above mentioned rules that apply when relocating to a foreign country will also apply when moving within Finland.

It is illegal to take a child out of Finland without consent from the other parent with the intention not to return to Finland. This is considered child abduction.

Finland is a signatory of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the Hague Convention) and, as a member of the European Union, is also bound to new Brussels IIa Regulation ((Council Regulation (EU) 2019/1111), which partly regulates and improves the efficiency of the procedure related to child abductions between EU countries.

International child abduction is also punishable under the Criminal Code (§ 25:5a). The minimum penalty is a fine, and the maximum punishment is two years' imprisonment.

It should also be borne in mind that the person who abducted the child may also be found guilty of other criminal activities. These can include deprivation of personal liberty, aggravated deprivation of personal liberty and hostage taking, all of which are more serious offences than child abduction itself.

If a child is has been removed from Finland without the consent of the other parent (or non-parent legal guardian), the Central Authority is the key access point in such cases. The Central Authority in Finland is the Ministry of Justice’s Unit for International Judicial Assistance.

The procedural steps are set out whether the child has been taken to a country which is a signatory to the Hague Convention or not. These situations are explained separately below.

If the Child has Been Taken to a Hague Convention Country

The parent or their legal counsel should contact the Finnish Central Authority at the Ministry of Justice. The ministry will then provide an application form for the return of the child and, if necessary, provide instructions on filling out the application with the required information. This information must include at least the following:

• information of the applicant and the parent (or other individual) who has taken the child out of the country;
• the child’s personal information;
• the legal grounds upon which the return of the child is based;
• the relevant grounds relating to the child's custody and residence in Finland;
• a description of the situation in which the child has been taken out of Finland;
• information relating to the location of the child;
• a documented custody decision;
• proof of the child’s daycare or school attendance;
• an authorisation granted to the Central Authority to handle the case; and
• photographs of the child and the parents.

When the application is received by the Central Authority at the Ministry of Justice, it is checked that it contains all the necessary information and attachments. If a translation of the attached documents is required, the Central Authority will take care of the translations ex officio and cover the cost for that. The application is then sent to the Central Authority in the country to which the child has been taken. The case is then in the hands of said country’s authorities.

In these Hague Convention situations, Finland’s Central Authority functions promptly and follows international regulations. It must be kept in mind that the Central Authority is not representing a parent who is seeking the return of a child, although it has an informative and helpful attitude towards a person who is seeking the return of a child. In practice, the parent should be represented by a Finnish attorney from the moment the Central Authority is contacted for the first time.

If the Child has Been Taken to a Non-Hague Convention Country

In these cases, Finland’s Central Authority does not have powers, but provides general information on how to proceed. A Finnish attorney specialising in international family matters is crucial in such cases.

In these non-Convention cases, official help and guidance are given upon application by the Ministry for Foreign Affairs, which can assist in finding the facts and help with the return request of the child abduction. A key role in these cases is played by Finnish missions abroad. Regulation on these cases is contained in the Consular Services Act (Sections 31–32). The Ministry for Foreign Affairs and Finnish missions can provide assistance in the following ways:

• determining the location of the child and the contact details of persons who could have information about the child;
• contacting the parent who has taken the child and seeking the voluntary return of the child;
• assisting to find a local lawyer to start local legal proceedings;
• delivering general information on the legislation of the country in question;
• helping in communication between the parties;
• most importantly, helping with delivering information and documents on the return of the child to the authorities and the person requesting the return of the child; and
• helping to organise the return of the child.

The Ministry for Foreign Affairs and local Finnish missions have very limited possibilities for assisting in the return of the child from a non-Convention country. They are in no way representing the parent as a legal adviser, so there is a need to obtain legal assistance both in Finland and in the country the child has been taken to.

In these non-Hague cases, the return of the child depends mainly on the willingness of the parent who moved the child to co-operate, the co-operation of local authorities, and the local legislation on child abduction cases.

Brussels II or Hague Convention Countries

If a child is taken to Finland, Hague Convention rules and Brussels II Regulation between EU countries will apply as Finland is a signatory to the Hague Convention. In these cases, the procedure and principles are as follows.

When the application is received by the Finnish Central Authority either from the other (child’s residency) Central Authority or directly by the parent, the Ministry of Justice will assist the parent to find an attorney with knowledge of such child abduction cases, if he or she does not already have an attorney in Finland. First, the attorney must seek a solution to the voluntary return of the child. If this is not possible, the proceedings on the case concerning the return of the child must be taken in the Helsinki Court of Appeal. The Helsinki Court of Appeal processes all Hague Convention signatory country applications for the return of a child. It is possible to appeal to the Supreme Court, but this requires the Supreme Court to grant leave to appeal.

The parent may also submit the application for the return of the child directly to the Helsinki Court of Appeal. Contacting the Central Authority and their guidance is not mandatory if the parent is seeking the return of a child from Finland.

The Central Authority's services are always free of charge. Legal advice is free of charge to parents requesting the return of a child. Costs are paid by the state;the right to have free legal aid is not connected to the income or assets of the applicant.

If parent do not have a Finnish attorney, it is advisable to contact Finland’s Central Authority, which will then normally forward the case to a local attorney or government legal aid officer. The local attorney takes care of cost-related matters, and the procedure is relatively smooth and easy for the applicant parent; as mentioned, all applicants are entitled to free legal aid.

If the applicant wishes to use a certain attorney, his or her costs are not necessary compensated in full as fees are capped in the government legal aid system. On the other hand, when the court orders that a child must be returned, the court may at the same time, upon the request of the applicant, render the opposing parent liable to compensate the applicant's legal fees. On the same grounds, he or she shall be rendered liable to compensate the Ministry of Justice for the costs incurred by the Ministry.

The court handling at the Helsinki Court of Appeal is also free from the government fees normally levied for court handlings.

The Finnish Central Authority and Finnish courts rigorously and promptly apply the underlying principle of the Hague Convention of the immediate return of a child, and the applicant parent will be served justice in Finland in these cases. This is partly guaranteed by national legislation (Section 35 of the Act on Child Custody and Right of Access), which orders state social welfare authorities, the municipal social welfare authorities and the police to provide executive assistance to the Ministry of Justice to search for the location of a child and to find out his or her circumstances.

The Central Authority in Finland works efficiently and is adequately funded. The timescale for handling at court is strictly set out by law and applied in practice. Applications to court concerning the enforcement of a decision issued in a foreign state and the return of a child must be handled urgently.

Judgment must be made within six weeks from the submission of the application. This timeframe includes all written hearings. If the court (Helsinki Court of Appeals) has not reached a decision in a case within six weeks, it must provide a statement of the reasons for the delay, upon the request of the Ministry of Justice or the applicant.

The above-mentioned principles and procedures apply in full scale to cases where the applicant parent is seeking return to a Hague Convention country or an EU country if that country was also the child’s residency.

Non-Brussels II or Hague Convention Countries

The procedures that apply to an application to return an abducted child to a country other than Brussels II Regulation or Hague Convention countries are as follows.

The main rule is that foreign judgments of a child’s residency and visitations are recognised in Finland without separate confirmation. If it is questionable whether the foreign judgment or decision is recognised in Finland, the Helsinki District Court may, upon application, confirm whether the decision is recognised in Finland. As a main rule, this application is not needed. The translation of such foreign decisions into Finnish or Swedish with apostille should suffice.

The enforceability of such foreign decision is more important. Exequatur is needed in Finland in these cases. If the decision is enforceable in the state where it was issued (ie, the state of origin), it can be enforced in Finland if the Helsinki District Court has confirmed, upon application, that the decision is enforceable here (exequatur). Note that these cases are handled at the Helsinki District Court, and Hague Convention applications are handled at the Helsinki Court of Appeals.

The original or an officially certified copy of the foreign decision must accompany the application, and the original or an officially certified copy of documents stating why the decision has been granted without hearing the opposing party must also accompany if applicable.

An application of exequatur must also include an adequate statement of enforceability of the decision in the state of origin. Such statement can be given, for example, by a local attorney, a local court or another judicial officer.

If the Helsinki District Court grants exequatur and the decision is enforceable in Finland, the court shall, upon request of the applicant, submit the decision and the application for final enforcement to the competent district court, if the issuing court has not restricted enforceability until such time as the exequatur has final legal force. The local district court where the enforcement case is ultimately put into force must ensure that the decision is enforced urgently.

As explained, if the applicant parent has a foreign decision from a non-Convention country, it is possible to enforce such decision in Finland if it enforceable in the state of origin. In these cases, the procedure is based on the applicant's own applications, and enforcement itself is ultimately handled as national enforcement. Returning a child in these cases more or less requires the application parent to be present in Finland or at least to have proper representation; in most cases, the co-operation of enforcement offices in both countries is also required, which can be difficult with non-Convention countries. Most certainly legal advice is needed in both countries, and especially in Finland as the application process of possible recognition and exequatur and enforcement procedure is quite complex.

There is one additional possibility if a parent has a foreign decision stating that the removal or retention of a child has been wrongful. If such decision has been issued in a Contracting State to the Council of Europe Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children (Luxembourg on 20 May 1980), the Helsinki District Court may, upon application, confirm that this decision is enforceable in Finland, if no decision has been issued in a contracting state to said European Convention that could have served as a basis for enforcement according to the European Convention. These cases are very limited in practice, but this offers more straightforward enforcement in abduction cases if applicable.

A relatively small number of child abduction cases are handled in Finland. In 2022, a total of 26 children were taken out of Finland and a total of 56 children were under abduction during 2022, 49 of which were in Hague Convention countries (including ones abducted in previous years). In 2022, a total of 18 children were taken wrongfully into Finland.

Detailed statistics can be found from trusted NGO Abducted Children Finland website (in Finnish): ensijaturvakotienliitto.fi.

Finland is a signatory to the Hague Convention.