There are many circumstances where you or your former partner may want to move locations following a separation. This may be to access family support, move back to your hometown or country, or because you are unable to afford to live in the same place as your financial circumstances have changed.
If a parent decides to relocate from their current location with their children, this will impact the amount of time the other parent can spend with their children. And this is where disputes may arise.
Legally, if you are the parent wishing to relocate, you must seek consent from the other parent. If they do not agree, and a dispute arises, we can help you as your best family law solicitors.
Alternatively, if your former partner wishes to move away with your children, then we can help you oppose their application if the move is not in the best interests of the child.
Child relocation is a matter where the outcome can vary greatly from case by case if taken to the Court. And as such, we strongly advocate for an amicable agreement and can assist with mediation and negotiations so that you are not required to take the matter further.
If an agreement cannot be reached, a relocation order will be filed with the Federal Circuit and Family Court, where they will decide whether a parent is allowed to move their child away from the other parent.
Did you know?
One way to prevent child relocation is to ensure there are parenting orders or a parenting plan in place upon separation or divorce. As your best Family Law solicitors, we can help you negotiate agreements that can provide you with peace of mind moving forwards.
I want to move to relocate interstate with my children. Can I do this?
If a parent wants to relocate to a place far enough away from their current location that it impacts on the time the other parent spends with the children, the parent wishing to relocate must seek the consent of the other parent to do so. If a dispute arises because the second parent is not willing to consent to the proposed relocation, then the parent wishing to relocate will have to make an application to court under the Family Law Act 1975 seeking that they be allowed to relocate with the children (“child relocation order”).
What is the law around relocation?
The paramount consideration in child relocation cases, as with other parenting matters is the best interest of the children .
Can I travel overseas with the children without seeking the consent of the other parent?
No! If you want to take the children overseas or interstate you should try and reach agreement with the other parent. If they do not agree then you will need to seek the permission of the court. If the other parent will not sign the passport application and you think they are being unreasonable then you can apply to the court the passport to be issued without the other parent’s consent. The court may allow the children to travel if it believes it to be in the children’s best interests.
The court will also consider the risk of the children not returning to Australia. The court may place conditions on your travel, such as payment of money, to make sure that they come back.