Generally, the Court cannot prevent a Parent relocating to live somewhere, however the Court does have the power to stop a parent from taking a child to live with them if that will be some distance from the other parent.
If you have just separated and all living in close proximity, nobody may be thinking about relocation, but unfortunately things change and some of the following situations may occur;
- A parent may want to move to where that have more family support or assistance;
- They may want to move back to where they are originally from;
- Your former Partner may eventually get a new Partner and their new Partner may live somewhere else;
- Work or career aspirations may develop in another area and your former Partner may want or need to move somewhere else;
- The other Parent may feel like they need a fresh start in a new location.
The best time to discuss the issue of relocation or Parenting arrangements is before circumstances change and we recommend that all of these issues and any concerns are raised, so that open lines of communication can be established from the beginning.
If there is a fear that one party may remove the child or children from the other, or if the child has actually been removed, an urgent Order can be obtained from the Court to prevent the child from being taken away, to have the child returned or to locate the child. This is important if there is a possibility that the child may be taken overseas. At Family Focus Legal we can assist you with this advice and recommend if you have any concerns that you contact us immediately to ensure adequate safeguards can be put into place.