Child relocation after separation
Following separation, one parent may wish to relocate with a child to another town, state or country. The need to relocate can arise for many reasons, including employment opportunities, housing affordability, a new relationship, safety concerns or a desire to be closer to a support network. A proposed relocation can become a family law issue where the move would significantly affect existing parenting arrangements or it is not in the child’s best interest.
There is no separate statutory test that applies only to relocation cases. When determining parenting orders, the court must regard the child’s best interests as the paramount consideration and assess the considerations set out in the Family Law Act 1975 (Cth) (Act).
Can I relocate with my child?
Relocation matters can be complex because a proposed move may significantly affect the time that a child spends with the other parent or other important people in that child’s life.
Where it is safe to do so, and subject to any existing court orders, parents are generally encouraged to consult each other about major long-term issues affecting their child and to have regard to their child’s best interests when making those decisions.
If you want to relocate with your child, you should first try to reach agreement with the other parent about the proposed relocation and the parenting arrangements that would apply following the move. For example, parents may agree to longer periods of time during school holidays with the parent who is not relocating, where regular time during the school term is no longer practical. The arrangements may also address travel, communication and other practical matters arising from the relocation.
If the other parent agrees to the proposed relocation, the parties may formalise the new parenting arrangements by way of a parenting plan or consent orders.
If agreement cannot be reached, you may apply to the Federal Circuit and Family Court of Australia for parenting orders addressing the proposed relocation.
Relocating a child without the other parent’s agreement or a court order can have significant consequences. The court may order that the child be returned to their previous location while the parenting dispute is determined.
What happens if parents cannot agree?
If parents cannot agree and one parent wishes to relocate with a child, it may be necessary to apply to the Federal Circuit and Family Court of Australia for parenting orders addressing parenting matters as well as the relocation issue.
The parent opposing the relocation can also seek court orders preventing the child’s residence from being relocated outside a particular area, for example, by requiring the child to live within a specified distance of their current school or within a particular geographical area.
The reasons for the proposed relocation may be relevant, but the court does not determine the matter solely by asking whether the parent proposing the relocation has a good reason to move. The court must regard the best interests of the child as the paramount consideration. Relevant considerations may include:
- any views expressed by the child;
- the nature of the child’s relationship with each parent and other significant people to the child;
- the practical difficulty and expense associated with the child’s ongoing contact with the non-relocating parent;
- the capacity of each parent to provide for the needs of the child;
- the child’s maturity, sex, and background;
- what arrangements would promote the safety of the child and each person who has care of the child, including any family violence considerations; and
- anything else that is relevant to the particular circumstances of the child.
Each relocation matter is determined according to its own facts.
What happens if a parent relocates with a child without agreement?
If a parent relocates a child without the agreement of the other parent or a court order permitting the move (commonly referred to as unilateral relocation) the court may order that the child be returned to their previous location while the relocation dispute is determined. If parenting orders are already in place and the relocation prevents those orders from being complied with, the relocating parent will also be in contravention of those orders, which can have serious legal consequences.
If your child has already been relocated without your agreement, or you are considering relocating and the other parent does not agree, it is important to obtain legal advice promptly.
Speak with Arnold Hills, child relocation lawyers in the Hills District and Sydney
Relocation disputes can be emotionally difficult and legally complex. Arnold Hills can advise you on your legal position and options if you are considering relocating with your child, if the other parent proposes to relocate and you do not agree, or if your child has already been relocated. Our aim is to help you resolve your matter amicably through negotiation, Family Dispute Resolution and other dispute resolution processes, where appropriate, with a view to keeping your family out of court.
Where court proceedings are required, we can prepare or respond to court applications concerning parenting and relocation and represent you in parenting proceedings before the Federal Circuit and Family Court of Australia.
Arnold Hills assists clients with relocation cases throughout the Hills District, including Castle Hill, Norwest and Rouse Hill, as well as clients across Sydney, with interstate and international child relocation disputes and parenting proceedings.
Contact Arnold Hills to arrange a confidential consultation.
Last reviewed:
