Relocation of Children

Get expert advice early in the process from our Family Lawyers who manage relocation maters.

Relocation cases are parenting matters when one party seeks to relocate the residence of the child(ren) away from their ordinary place of residence.

The most common reasons put forward in support of a parent wanting to relocate with a child include:

  • Financial benefits
  • Occupational benefits
  • Academic benefits
  • Family support
  • Spousal employment
  • Spousal location
  • Homesick (want to return home as unable to settle in new location)
  • Cultural
  • Religious
  • Mental health.

Every parenting matter is different and there is no ‘one size fits all’ approach when dealing with relocation applications.

As with all parenting Orders, the Court has to consider the best interests of the child as the paramount consideration. The two (2) most important considerations are the benefit of the child having a meaningful relationship with both parents and the need to protect the child from family violence or harm.

We recommend you obtain expert family law advice, preferably before you even broach the subject with your ex-partner.

When can I relocate with my child?

If you are moving to the neighbouring suburb and can continue to facilitate the same time arrangement between your child(ren) and the other parent, then with informal communication there may not be an issue.

Relocation Agreements & Mediation

If your proposed move means that the current time arrangement would no longer be reasonably practicable or if it would otherwise affect the relationship between the child and the non-moving parent, then you may face some difficulties.

As relocation matters involve sensitive issues the negotiations are best undertaken with an experienced and persuasive Family Lawyer with expertise in relocation cases. Often, due to their complex nature mediation is also required.

What if we can’t reach an agreement?

If you are unable to agree, even after attempting mediation, we can assist you to file an Application with the Court seeking Orders which allow you to relocate the residence of your child(ren).

In determining your application, the Court must weigh and balance your constitutional freedom of movement against the best interests of your child.

As relocation cases are one of the most difficult matters for Family Courts, it is essential that you engage an experienced Family Lawyer to prepare your case as early in the process as possible. This will maximise the likelihood of success of your application whether that be to relocate with the children, or restrain the other party from doing so.

How We Help

Every parenting matter is different and there is no ‘one size fits all’ approach when dealing with relocation applications. Relocation cases are complex and parties usually only get one chance. As such, you should obtain expert family law advice, preferably before you even broach the subject with your ex-partner.

We can assist you to negotiate with your ex-partner both through correspondence and at mediation. If the matter is unable to settle, we can assist you with the appropriate Application and represent you in the Family Court.

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