Relocation: other side of town or the other side of the world

One parent moving with the children to another town, state or country after the breakdown of a marriage or relationship is known as ‘relocation’.

Whether it is something that you are thinking about at the time you separate – perhaps for financial reasons or emotional ones (such as a support network) – or months or years after separation relocation can be a difficult issue to resolve.

If your children primarily live with you and you need to relocate you should first try to talk to the other party. You may be able to reach agreement that the move is in the children’s best interest – perhaps the children have longer periods of time in school holidays with their other parent and/or longer visits during the year. Or the other parent may be able to move to where you are hoping to relocate.

If you reach agreement with the other party it is best to enter into a written parenting plan* or apply for consent orders* before you move.

If you cannot reach agreement with the other parent, you can apply to the Court for a relocation order to allow you to move. It is important to remember that a relocation order is not automatic and that the Court may not grant permission for the children to relocate. As with all matters about the care and welfare of children, the Court must consider the best interests of the child.

If you move without a Court Order or without the consent of the other parent, the other parent may apply for a Court oOder requiring you and/or the children to return until the Court has considered the parenting arrangements. If there is a Court Order already in place allowing the other parent to spend time with the children and you relocate anyway, you will be breaking the existing Order and the other parent can apply to enforce the current Order requiring the return of the children.

Further, if there is a possibility or threat that the children may be removed from Australia, the other parent can apply to the Court for an Order restraining the removal of the children from Australia.

 

* Note: a Parenting Plan is a non-enforceable written agreement that sets out parenting arrangements for the children as agreed to by both parents without the need to apply to the Court. A Consent Order is a legally binding written agreement between you both that is approved by the Court. If you already have Consent Orders in place you can vary them with a Parenting Plan, the terms of which are then binding.