Relocation & Recovery

Relocation

Generally, the Court cannot prevent a Parent from 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’ve recently separated and are currently living close to each other, relocation may not be a concern. However, circumstances can change, and the following situations could arise:

  • A parent may want to move to where they 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. We recommend that you discuss the issues listed above and raise any concerns. It is important to make sure that open lines of communication are established from the beginning. A family lawyer can act as the third party and facilitate this discussion.

Recovery

If there is a fear that one party may remove the child or children from the other, or if the child has already 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. If you have any concerns, please contact our team of expert Cadem solicitors immediately to ensure adequate safeguards can be put into place.

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