Child Relocation:

Imagine this hypothetical scenario: You have just gone through a divorce or a separation from your partner and now your partner wants to relocate to either another country or another place within Australia. This would be causing you further distress. It may provide you with some comfort to know that unless there are exceptional circumstances, the parent who intends to relocate with the children must notify the other parent. In broad terms, it is only if the other parent consents on the relocation may the parent take the child.

If you do not want to consent to the other parent relocating your child, you will need to make your view known to the other parent. The other parent may then decide to go to court and make an application for relocation. In such situations, you should seek independent legal advice at your earliest. Alternatively, if the other parent does not co-operate, you may wish to seek an order restraining the other parent from relocating the child, if this is appropriate in your circumstances, after having received legal advice and made an informed decision. When making a decision on an application for relocation, the court will look at the welfare of the child and the best interests of the child. Both parties will be required to provide their perspective on the relocation with regard to the interests of the child.

Where you are seeking to relocate your child, it is critical that you list the factors that pertain to the best interests of the child. With relocation, this will mean that the other parent will not be able to spend equal time or the amount of time ordered by the court, assuming that there are orders in place that will simply be difficult to be complied with, after the relocation. When considering an application for relocation, the court will ask what the plan is to ensure the other parent has adequate time with the child. The best way to address this concern is to include in the application a plan as to how this would be possible. The court will be looking at the competing interests and determining a decision based on the best interests of the child. The Family Lawyers at Navado Lawyers & Solicitors can provide you with advice and assistance on child relocation matters. Our lawyers have advised clients and appeared in Court for relocation of children matters. If you wish to make an appointment, please contact us by telephone on (02) 9233 4048 or email us at info@navado.com.au. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.