Relocation in Parenting Matters

Parenting and relocation

If you are wanting to move interstate or otherwise move away from where you were residing with your children and your former partner won’t agree, what do you do?

These matters are referred to as relocation matters in the Family Law system and should the move impact the time in which the other parent spends with the children, then the other parent is required to consent to the relocation.

If you have attempted to speak with your former partner and they have indicated that they do not agree, then the next step would be attending dispute resolution (mediation) to attempt to come to an agreement.

In the mediation, it would be best to indicate why you intend to move and why such a move would be in the best interests of the children, including how you intend to retain a relationship between the other parent and the children.

Should an agreement not be reached at mediation, or the Application is urgent, then you are able to make an Application in the Federal Circuit and Family Court of Australia and seek an Order from the Court that you and the children can relocate.

When the Court hears a relocation matter, they consider whether the relocation is in the children’s best interests, taking into account the following matters specific to the relocation:-

  1. The reason in which the parent seeks to relocate, including employment opportunities, familial ties, support networks and the impact on this parent if they would not be able to relocate, including but not limited to psychological and financially;
  2. The children’s relationship with both parents and the time that the children spend with both parents. The Court will also consider how this time and relationship will be impacted by the proposed relocation;
  3. Proposed travel arrangements to spend time with the other parent, including the method of travel, the cost of this and whether either parent has the financial capacity to facilitate this;
  4. Whether there are any other options to the relocation, such as whether both parents would be able to move; 
  5. Whether there has been family violence or other risk issues and whether these remain present;
  6. Whether the children would be able to reside with the other parent and the parent seeking a relocation can relocate without the children; and
  7. Any other matters that the Court considers to be relevant, which may include cultural considerations and any additional needs of the children.

In the event that you are seeking to relocate and would like some advice and guidance regarding the proposed relocation, please do not hesitate in reaching out to one of our friendly staff on 02 4655 4224.

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