Can I relocate with my child?
After separation, the Family Law Act provides an assumed presumption of equal shared parental responsibility. However, this may be changed by the Court with a parenting order. Equal shared parental responsibility requires that both parents agree on major decisions in the children’s life. These include:
- Where the children go to school
- Decisions relating to the children’s health
- The children’s religious and cultural upbringing
- Authorising travel documents for the children
- Changing the children’s living arrangements
- Changing the children’s name
There are many reasons why you might be looking to move away with your children. Some examples may include finding a new partner that lives elsewhere, a job opportunity in a new town or country, moving back to your hometown to support family and friends or moving away for a fresh start. In these circumstances, it is best to first talk to the other parent about your plans to move.
If both parents have equal shared parental responsibility, you will both have to agree to relocate. If you are unable to agree, dispute resolution may be able to help you reach an agreement. If you cannot agree on dispute resolution, you may ask the Court to make orders to allow you to move.
I have sole custody; do I still need permission to move?
If you wish to relocate, you do not need to have consent to move. However, there are restrictions if you have a parenting order in place. You could breach your parenting order if you cannot meet the requirements specified in the parenting order. This is usually your children not able to spend the time with their other parent or family members under the court order.
How far away can I move?
There is no set standard as to far you can and cannot move. It is decided on a case-to-case basis and relies on its effect on your children and their ability to have a meaningful relationship with their other parent.
What do the Courts take into consideration?
The Court will consider several factors outlined in the Family Law Act when determining whether it is in the best interests of the child to move. These include:
- Any views expressed by the child
- The nature of the relationship of the child with the other parent and persons (Grandparents or relatives)
- The likely effect the change will have on the child’s circumstances
- The practical difficulty and expense of the child spending time with and communicating with the other parent and persons
- The ability of both parents to care for the child
- The maturity, lifestyle and background of the child
- Any family violence involving the child or family member
- Any other considerations the court thinks relevant
Other considerations the Court may take into consideration are:
- Where are you moving to?
- Can you afford the relocation costs?
- Will you be using before and after school care?
- What support do you have in the new area?
- What is the history of your new relationship?
- What is the relationship between you children and their parent?
- What is the relationship between your children and your new partner?
What if I leave without permission?
If you move without the other parent's permission or in breach of current parenting orders, then your former partner can apply to the Court for a recovery order. The Court may order you return and if you fail to comply, the police may be involved in returning the children. The cost incurred would be your responsibility.
What if my ex-partner relocates with our child and I can’t find them?
A location order may be applied if your ex-partner moves without your permission and you do not know where they are located but think they are in Australia. This will allow the Court to order government agencies and individuals to provide any information they may have on the whereabouts of your children.
We are here to help
Our Family Law Solicitors specialise in child parenting matters and represent clients throughout the Central Coast, Newcastle & Hunter Regions. We have the experience and understanding to guide you through the process from beginning to end and get you the best possible outcome.
At Fourtree Lawyers, we aim to help you resolve relocation issues quickly, cost-effectively and preferably out of court. We can help you navigate any issues that may arise when looking to move away with your children. Contact one of our Family Law Specialists on 1300 529 444 or fill in a contact form to arrange a free conference with a solicitor today.
MORE READING -
- Affray & Public Violence
- APVO | ADVO
- Assault Offences
- Bail Applications
- Break & Enter
- Centrelink Fraud
- Contravene | Breach AVO
- COVID-19 Penalty Notices
- Criminal Appeals
- Destroy Damage Property
- Drug Offences
- Firearms & Weapons
- Fraud Offences
- Larceny & Stealing
- Legal Aid NSW
- Murder & Manslaughter
- Offensive Behaviour
- Police Pursuit (Skye’s Law)
- Resist | Assault Police
- Section 10 Dismissal
- Section 14 Mental Health
- Sexual Assault
- Stalk | Intimidate
Easy to deal with, clear communication and understanding, thanks for your help.
My partner and I will always be thankful that we chose Fourtree Lawyers. Kevin represented us throughout a Children’s Court case. He showed nothing less than a professional outlook on the case, yet also was very compassionate. Without the help of Kevin, we wouldn’t of had the best possible outcome. We will forever be appreciative of what Kevin has done for our family. Affordable prices with great results. If we ever need legal advice, or representation, our first call will be Fourtree lawyers.
I just wanted to say thank you for all of the help and support you have given me throughout my family law settlement. It was the worst year of my life, but you helped me feel confident that it was all going to work out OK in the end. You calmed down the heated negotiations and managed to get a fair outcome without going to court. The kids are all happy and settled in a safe new environment, and I can get on with my new future.
After three long years, my international family law matter was going nowhere, despite spending tens of thousands of dollars with an overseas law firm. I engaged Kevin Vierboom from Fourtree Lawyers to help me in bringing this nightmare to an end when it became apparent I was going to lose my job. He reviewed my case, distilled the issues and escalated the negotiations. I am very relieved to say that it’s finally over.
From the first phone conversation Fourtrees gave us the confidence and reassurance that that our matter would be handled with professionalism and an outcome we were hoping for. The submissions given outlined how we felt and defended our matter perfectly. We couldn’t be happier with the care and comfort we received. We would recommend Fourtrees to anyone needing legal advice & will use Fourtrees for all and any of our future legal matters.