Military and Police personnel – two key considerations when navigating a parenting dispute and why you need an experienced Family Lawyer.

This article explores two key considerations when navigating a parenting dispute involving Military or Police personnel and how a Family Lawyer can help protect your parental rights and your child’s best interests.

Key Considerations for Parents in the Military & Police

My ex has been posted to a new location, where will my children live?

Following a recent separation, the child/children will commonly either:

• remain living in the primary residence (family home) or
• relocate with their primary caregiver.

Who is the Primary Caregiver?

A primary caregiver is the person who takes primary responsibility for a child’s care and development. This will often include day-to-day care, including providing basic needs to the child/children, The primary carer is also considered the primary source of emotional attachment to the child/children

Do the children have to relocate if one parent is posted elsewhere?

Where practical, children will often remain living with their primary caregiver. This means that if the primary caregiver is the person who has been re-posted to a new location, it is likely that the children will relocate with them – unless the move is impractical or not in the children’s best interests.

Some factors that may impact relocation include:

• Remoteness of the new location – If the new posting is in an area unsuitable for children, relocation may not be appropriate.
• Housing arrangements – If the Military or Police parent is required to live on base without private accommodation, the children may not be able to live with them.
• Pre-existing equal time arrangements – If the child previously spent equal time with both parents, the relocation decision must carefully consider their best interests.

Each individual parenting matter is different, however in general factors to consider when deciding on relocation include:

1. Child’s Age & Development – Can they easily make new friends and adapt to a new school?
2. Access to Support Services – If the child has additional needs, are their required medical, educational, or emotional supports available in the new location?
3. Living Arrangements – Will they have adequate housing, their own bed, and access to necessary school resources?
4. Maintaining a Relationship with the Other Parent – Can they easily communicate with and spend time with their other parent? How will changeovers work?

In the event the primary caregiver intends on remaining in the home location and the non-primary caregiver has been re-posted, it is unlikely that the primary caregiver and children will be required to re-locate if it is impractical for them to do so.

In these circumstances, it will be important for the parents to consider how the children can continue to have a relationship with the other parent, especially if their new posting is some distance away. This may include scheduled weekly video calls, monthly or quarterly spend time visits or increased school holiday time.

Why Legal Advice is Essential for Parents in the Military & Police

Every parenting situation is unique, and decisions about relocation and time arrangements must be based on the child’s best interests. Whether you are a Military or Police parent facing relocation or the parent of a child with an ex-partner in these professions, getting tailored legal advice is critical to ensuring the best outcome for you and your child.