Can I take my child to my home country after a divorce in Korea?

Only once the custody question is settled, and even then it depends on what the decision gives you. Until the divorce is final, both parents hold parental authority (친권) together, so leaving Korea with the child without the other parent's written consent or a court order is the single most damaging step you can take: it can trigger a return order under an international convention and, in some circumstances, a criminal complaint. After the divorce, the parent named as the holder of parental authority and caregiver (양육자) can decide where the child lives, but the other parent keeps a right to see the child, and the family court can change the arrangement later if the move harms that contact or the child's welfare.

Who decides custody and child support in a Korean divorce?

The parents first, and the court if they cannot agree or if their agreement is bad for the child. A parenting agreement must cover three things:

1. who raises the child 2. how the cost of raising the child is shared (양육비) 3. whether and how the other parent visits (면접교섭)

Separately, the parents must name who holds parental authority after the divorce. In a divorce by agreement with a minor child, you cannot get the court's confirmation until 3 months after the guidance session (shorter if violence makes waiting unbearable), and you must hand in the parenting agreement or a court decision on it. The support amount you agree is recorded in a court document that can be enforced like a judgment.

When the court decides, the child's welfare comes first. The law tells the judge to weigh the child's wishes and age, both parents' finances and other circumstances. Your nationality is not on that list. In practice, judges look closely at who has actually been caring for the child day to day, the child's school and language, and whether each parent will support the child's relationship with the other.

Does Korean or foreign law decide custody?

A Korean court can rule on parental authority and custody when the child habitually lives in Korea, or when one parent and the child are both Korean nationals. As for the law, it follows the shared nationality of both parents and the child; if there is none, it follows the law of the country where the child lives. A child with a Korean parent normally holds Korean nationality, and Korean nationality wins over any other for this purpose, so for most children of international marriages living in Korea, Korean law applies.

Child support has its own rule. A Korean court can hear the claim when the child (the person entitled to support) lives in Korea, and the law of the child's place of residence generally governs it.

Can I travel with my child while the divorce is pending?

Your situation	What it means for leaving Korea
Married or divorce pending, no court order	Both parents share authority; get the other parent's written consent for each trip, with dates
Divorce final, you hold authority and custody	You decide where the child lives, but tell the other parent and plan how contact continues
Divorce final, joint authority, you are the caregiver	A permanent move needs the other parent's agreement or a court decision
The other parent has custody	Do not take the child out of Korea without a court decision or written consent

Korea is a party to the Hague Convention on the Civil Aspects of International Child Abduction (헤이그 국제아동탈취협약). Where both countries are parties, the convention gives the parent left behind a procedure to seek the child's prompt return. Check whether your country has joined before you assume this does not apply to you.

On the criminal side, Korean courts have held that whether removing a child from a co-parent is a crime depends on how it was done, so do not rely on "I am the mother" or "I am the father" as a defence.

If you fear the other parent will take the child abroad, ask the family court for a provisional measure on custody as soon as a case or mediation is filed. Ask the court at the same time how to keep the child's passport under control.

How do I collect child support if one of us leaves Korea?

If the paying parent stays in Korea and has a salary, the Korean tools still work even after you move abroad, through a representative here:

• Direct payment order (양육비 직접지급명령): after two or more missed payments, the employer pays you straight from the salary.
• Security order (담보제공명령): the court orders the payer to deposit security, and can order the whole amount as a lump sum if no security is given.
• Performance order (이행명령): a deadline to pay, with a fine of up to 10 million won for ignoring it.
• Detention: up to 30 days if the payer misses 3 or more periodic payments after a performance order.

If the paying parent leaves Korea, these orders reach only salary and property in Korea. Collecting in another country depends on that country's law and any treaty it has with Korea, so freeze what you can in Korea early: the family court can issue a provisional attachment on the payer's property here.

What happens to visits when one parent lives abroad?

The parent who does not live with the child and the child both have a right to see each other. When that parent cannot visit because they live abroad, the child's grandparents on that side may ask the court for contact themselves. Write video calls, school holidays and who pays for flights into the agreement, because vague promises are hard to enforce. A parent who blocks agreed contact can be given a performance order too.

Does custody affect my own visa?

Yes. Raising your minor child is one of the main reasons immigration lets a divorced marriage migrant stay. Losing custody, or moving the child abroad, removes that reason, so plan the visa question and the custody question together.

Next step

Before you book any flight with your child, check what your divorce papers say about parental authority and residence, and keep the other parent's consent in writing. If the other parent has threatened to take the child abroad, act before the departure, not after. Consultations are paid; when you contact us, a staff member will call you back and explain the fee.

법무법인 대한중앙
1533-7377

Rules applied

Civil Act (민법) Article 836-2(2) no. 1, (3), (4) and (5) (3-month period with a child, shortening for violence, parenting agreement, support record), Article 837(1) to (5) (custody agreement and court decision), Article 837-2(1) to (3) (contact rights, grandparents when a parent lives abroad), Article 909(2) and (4) (joint authority during marriage, choice after divorce), Article 912 (child's welfare first), Article 914 (residence set by the holder of parental authority). Private International Act (국제사법) Article 16(1) (Korean nationality prevails), Article 59 (jurisdiction over custody), Article 60(1) (jurisdiction over support), Article 72 (law of parent and child relations), Article 73(1) (law of support). Family Litigation Act (가사소송법) Article 62 (provisional measures), Article 63 (provisional attachment), Article 63-2 (direct payment order), Article 63-3 (security order), Article 64 (performance order), Article 67(1) (fine up to 10 million won), Article 68(1) no. 1 (detention up to 30 days).

This is general information, not legal advice. Every case is different.