Updated: June 2026

Case study · Portugal · Residence permit

How a Child Obtained Portuguese Residence PermitWhen the Ex-Spouse Did Not Consent

When after divorce one parent blocks the child's status registration, it seems like a dead end: the country protects the rights of both parents and requires consent. But the blockade has a legal workaround. After a difficult divorce, Inna's ex-husband refused to consent to her son's residence permit, without which AIMA would not move the case forward. We explain step by step how we obtained a court order that replaced his consent.

Anna KovalevskayaAnna KovalevskayaHead of Legal, BRIDGESReading time8 min readVerificationReviewed by an expert

This case is based on a real matter. The name and certain identifying details have been changed to protect confidentiality.

BRIDGES client story - How a Child Obtained Portuguese Residence Permit When the Ex-Spouse Did Not Consent
Contents

Case at a glance

Situation, solution and outcome in seven lines

Client
Inna, approximately 42 years old, medical startups, from Moscow; son 14 years old
Objective
Portuguese Residence Permit for herself and her son
Program
Portugal, Golden Visa (Residence Permit through investment fund, pathway to EU citizenship)
The Challenge
Ex-husband refuses to consent to the child's residence permit
Context
Portugal protects the rights of both parents and requires consent
Solution
Court order granting sole right to determine the child's place of residence/education
Result
Consent replaced, residence permit granted to both

Client story

Client's Story

Where they started

After a difficult divorce, Inna was building a new life and wanted to move herself and her fourteen-year-old son to Europe—to obtain a Portuguese residence permit through an investment fund. Everything was in order with her part: the investment, the documents. The stumbling block was the child.

Why the standard route did not work

The point is that Portugal, as a state under the rule of law, protects the rights of both parents. To register a minor for a residence permit, as a general rule, the consent of the second parent is required—in this case, Inna's ex-husband. And he, in the aftermath of a difficult divorce, refused to give such consent, essentially using the child as leverage.

What BRIDGES had to solve

The situation seemed like a dead end: without the father's consent, AIMA would not register the son for a residence permit, and the father would not give consent. Many in such a position give up. But a law-abiding system that protects the rights of both parents also has a mechanism for when one of them maliciously blocks it—resolving the matter through court.

Why a standard answer would not do

Inna approached BRIDGES, understanding that the task was not to "persuade the ex-husband"—that would be useless—but to obtain a legal alternative to his consent: a court order that would grant her the right to determine the child's place of residence and education, which could be presented to AIMA instead of the father's consent.

After a difficult divorce, my ex-husband spitefully refused to consent to my son's residence permit—and without consent, Portugal will not move the case forward, as it protects the rights of both parents. It seemed like a dead end; he was holding the child hostage. Anna found a legal way out: through court, I obtained sole right to determine where my son lives and studies, with apostille. We presented this court order instead of the father's consent. Both of us obtained residence permits. My ex-husband could no longer block us.

Inna, 42 · Inna, Medical StartupsThe name and certain identifying details have been changed to protect confidentiality.

What Was at Risk

What Was at Risk

To register a minor for a residence permit, as a general rule, the consent of the second parent is required—Portugal protects the rights of both. But if after divorce one parent maliciously blocks it, his consent can be replaced with a legal alternative—a court order on the right to the child's place of residence and education.

Without the father's consent, AIMA would not register the child for a residence permit;

  1. 01Ex-husband spitefully refuses to consent;
  2. 02Portugal protects the rights of both parents and requires consent;
  3. 03The child is used as leverage in the divorce;
  4. 04Persuading the ex-spouse is useless.

The logic of the solution

How the matter progressed: from checks to result

The chart is built from the facts of this matter and shows the logic of the work without decorative or unverified data.

  1. 01
    Stage 1

    We recognized that persuasion would be futile and changed our approach. Inna attempted to reach an agreement with her former husband, but he was blocking out of spite. We explained: persuasion is useless; a lawful alternative to consent is needed. This transformed the matter from an emotional deadlock into a legally solvable task.

  2. 02
    Stage 2

    We identified the correct mechanism—through the courts. Since the system protects the rights of both parents, consent can only be circumvented lawfully—by court decision. We chose the path of obtaining a court decision establishing Inna's right to determine where the child lives and studies.

  3. 03
    Stage 3

    We obtained a court decision on the right to place of residence and education. The key work: through the courts, we secured Inna's sole right to determine her son's place of residence and education. The challenge was to formulate the decision in such a way that it would directly replace the second parent's consent for migration purposes.

  4. 04
    Stage 4

    We legalized the decision with an apostille. A foreign court decision for Portugal must be legalized. We obtained an apostille and prepared an official translation so that AIMA would accept the document as valid and sufficient.

  5. 05
    Stage 5

    We submitted the decision to AIMA as an alternative to consent. In place of the absent paternal consent, we submitted to AIMA a court decision that directly demonstrated Inna's right to make decisions for the child. This satisfied the consent requirement through lawful means, not by circumventing rights protection.

Takeaway. Conclusion: for a child's Residence Permit, the second parent's consent is required, but bad-faith blocking is circumvented lawfully—by a court decision on the right to place of residence and education, which replaces consent.

How we solved the task

How we solved the task

The work was split into verifiable stages so that every conclusion rested on documents.

  1. 01

    Stage 1

    We recognized that persuasion would be futile and changed our approach. Inna attempted to reach an agreement with her former husband, but he was blocking out of spite. We explained: persuasion is useless; a lawful alternative to consent is needed. This transformed the matter from an emotional deadlock into a legally solvable task.

  2. 02

    Stage 2

    We identified the correct mechanism—through the courts. Since the system protects the rights of both parents, consent can only be circumvented lawfully—by court decision. We chose the path of obtaining a court decision establishing Inna's right to determine where the child lives and studies.

  3. 03

    Stage 3

    We obtained a court decision on the right to place of residence and education. The key work: through the courts, we secured Inna's sole right to determine her son's place of residence and education. The challenge was to formulate the decision in such a way that it would directly replace the second parent's consent for migration purposes.

  4. 04

    Stage 4

    We legalized the decision with an apostille. A foreign court decision for Portugal must be legalized. We obtained an apostille and prepared an official translation so that AIMA would accept the document as valid and sufficient.

  5. 05

    Stage 5

    We submitted the decision to AIMA as an alternative to consent. In place of the absent paternal consent, we submitted to AIMA a court decision that directly demonstrated Inna's right to make decisions for the child. This satisfied the consent requirement through lawful means, not by circumventing rights protection.

  6. 06

    Stage 6

    We obtained a Residence Permit for both mother and child. With the court decision in place of consent, AIMA issued a Residence Permit to both Inna and her son. The former husband's blocking was lifted lawfully—he could no longer hold the child as leverage.

Expert comment

These are difficult, deeply human cases—when after a divorce, one parent uses a child as a hostage. In Inna's case, her former husband spitefully refused to consent to the Residence Permit for their son, and Portugal, as a rule-of-law state, protects the rights of both parents and cannot proceed without consent. Many people give up here. But I explain: a system that protects both parties also provides a mechanism against bad-faith blocking. Persuasion is futile—you need a lawful alternative to consent. We went through the courts and obtained for Inna the sole right to determine the child's place of residence and education, had the decision apostilled, and presented it to AIMA in place of the father's consent. This is not a circumvention of rights protection, but a lawful mechanism. We obtained the Residence Permit for both. For me, it is important that a mother and child are not left as hostages to someone else's malice.

Anna Kovalevskaya, Head of Legal, BRIDGESAnna KovalevskayaHead of Legal, BRIDGES

Outcome

What the client received

What was required
How we did it · Result
Overcome father's blocking
lawful alternative to consent · through the courts
Right to make decisions for the child
court decision on place of residence · sole right
Recognition in Portugal
apostille + translation · document accepted
Residence Permit for mother and child
decision instead of consent submitted to AIMA · status for both
Residence Permit for mother and child
decision instead of consent submitted to AIMA · status for both

The situation: after a difficult divorce, the former husband would not consent to a Residence Permit for their son, and Portugal requires the consent of both parents. What we did: recognized that persuasion would be futile; identified the court mechanism; obtained a court decision on the sole right to place of residence and education; legalized it with an apostille; presented it to AIMA as an alternative to consent. What the client obtained: Residence Permit for herself and her son, blocking lifted lawfully.

Practical takeaway

What matters in a similar situation

  • Conclusion: for a child's Residence Permit, the second parent's consent is required, but bad-faith blocking is circumvented lawfully—by a court decision on the right to place of residence and education, which replaces consent.
  • Inna relocated her son to Europe despite her former husband's blocking—because we obtained a lawful alternative to his consent through the courts, rather than attempting to persuade him.

FAQ

Questions people ask in a similar situation

01Is it possible to obtain a Residence Permit for a child without the second parent's consent?

Generally, both parents' consent is required, but bad-faith blocking after a divorce is circumvented lawfully—by a court decision on the child's right to place of residence and education, which replaces consent.

02Why does Portugal require the second parent's consent?

As a law-governed state, it protects the rights of both parents. Therefore, for a minor to obtain a Residence Permit by default, consent of the second parent is required - but there is also a mechanism against bad faith blocking.

03What replaces consent in case of blocking?

A court decision establishing the sole right of one parent to determine the child's place of residence and education. Once legalized with an apostille, it is submitted to the migration authority in lieu of consent.

04Is this a lawful procedure or a loophole?

This is a lawful mechanism, not a loophole in rights protection. The system protecting both parents itself provides for a judicial solution in cases where one parent acts in bad faith to block the process.

05Is it necessary to legalize the court decision?

Yes. A foreign court decision for Portugal is legalized via apostille and translated so that the authority recognizes it as a valid and sufficient document in place of the second parent's consent.

06Does the former spouse block the child's Residence Permit application?

We will find a lawful alternative to his consent: through court proceedings, we will obtain a decision confirming your right to determine the child's place of residence and education, legalize it, and submit it to the authority - to process the Residence Permit for both you and your child.

About the author

Anna Kovalevskaya

Author: Anna Kovalevskaya

Head of Legal, BRIDGES

I have worked with citizenship and residency matters in European countries for 12 years. Programme requirements and application practices change, so I assess each matter against the current rules, the applicant's immigration history, family composition and the documents supporting the legal basis for the application.

I lead matters from the preliminary assessment through to the grant of status. In complex situations, I identify the circumstances that may affect the review, establish the legal logic of the application and oversee the consistency of the supporting documents at every stage.

During the consultation, you will receive an assessment of the available legal grounds, a clear understanding of the chosen route and a list of issues that should be resolved before filing. Once the engagement begins, I oversee the application and the key decisions of the BRIDGES team.

Prepared on the basis of BRIDGES practice and reviewed by a subject-matter expert.

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Anna KovalevskayaHead of Legal, BRIDGES
Anna Kovalevskaya, Head of Legal, BRIDGES

Names and certain details have been changed to protect client confidentiality. The result described reflects one specific situation and is neither a public offer nor a guarantee of a similar outcome. Programme terms are stated as of 2026 and may change - please confirm current parameters with a BRIDGES consultant.