How to Separate Household Registration When the Head of the Current Household Does Not Agree?

Section 1, Article 13 of the 2006 Law on Residence stipulates:

The place of residence of a minor is the place of residence of the father or mother; if the father and mother have different places of residence, the place of residence of the minor is the place of residence of the father or mother with whom the minor regularly resides.

In your case, since your child is a minor and living with you, the place of residence of the child is your place of residence.

Sections 1 and 4, Article 28 of this Law provide that citizens wishing to change their permanent residence need to be issued a household registration transfer certificate, and the dossier for this certificate consists of the household registration book and the notification form of household and population changes. Therefore, if you do not present the household registration book, the dossier is not complete for applying for a change of permanent residence.

The deliberate refusal of the head of household to provide the household registration book, preventing another individual from registering permanent residence at a new place while they have the right to change their residence, is considered one of the prohibited acts under Section 1, Article 8 of the 2006 Law on Residence:

Obstructing citizens from exercising their right to freedom of residence.

Thus, you may contact the local police authority managing residence to request them to consider penalizing this act of your ex-husband and to facilitate the procedure for the household registration transfer if your ex-husband deliberately refuses to provide the household registration book. Should the police authority not support in resolving the issue, you may request them to provide a written explanation for their refusal to address the issue, so that you have grounds to contact a higher authority.

Sincerely!