Posted on August 01, 2023
Kathy Nguyen
After separation, you or your ex-partner may want to move away from each other to new opportunities or closer to family members.
The parent wanting to relocate with the children, whether it be to another suburb, city or state may need to obtain consent of the other parent. In family law, there is a presumption of equal shared parental responsibility in relation to the children which includes, but is not limited to the children’s education, health, religion and living arrangements.
It is best practice to have consent of the other parent prior to a substantial relocation of any children of the relationship. For example, if your move will make it significantly more difficult for the other parent to spend time with the children.
If you or the other parent wish to relocate with the children and are unable to come to an agreement with one another, the next step will be to obtain a parenting order from the Federal Circuit and Family Court of Australia.
The Court will decide on the matter of relocation bearing in mind the children’s best interests and the impact on significant and meaningful time with both parents. The Court can make orders in respect of relocations.
If a parent has decided to unilaterally relocate their children a significant distance without consent of the other parent, a Court can make an order for the children to be returned until the Court can reach a final decision. It is important to act quickly in cases of unilateral relocation as it can greatly impact the wellbeing and best interests of the children.
If you wish to seek an Order to relocate your children or urgently stop your children being relocated, it is best to obtain family law advice.
The family law team at Scanlan Carroll can provide tailored advice to you family law matter in relation to relocating with children.
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