Child Relocation Orders and Travel

When you and your partner divorce or separate there are numerous consequences not only for you, but also for your children.

An issue often arising upon divorce or separation, is one parent wanting to move away with the children to another city or state, and sometimes to a different country (i.e. relocation).

This issue can be a very emotional and daunting one for most people in the process of divorcing or separating.

If you are thinking about relocating with your children, or your ex-partner is trying to do so, you should obtain legal advice from a specialised family law practitioner as early in the process as possible.

The Family Court will consider the competing proposals of each parent and ultimately whether the children should relocate based on whether or not it is in the children's best interests to do so. 

In those circumstances, the Family Court would determine what is in the children's best interests and, for example, consider factors as:

• any wishes expressed by your children;

• the nature of the relationship of your children with each parent and with other significant people, such as grandparents;

• the likely effect of any changes in your children's circumstances;

• the practical difficulty and expense of your children having contact with the non-relocating parent;

• the capacity of each parent to provide for the needs of your children;

• your children's maturity, sex and background;

• the need to protect your children from physical or psychological harm caused, or that may be caused, by abuse, ill-treatment, violence or other behaviour

• the attitude to your children, demonstrated by each of the parents;

• any family violence involving your children or a member of your children's family;

• whether making an order for relocation would be least likely to lead to further court proceedings;

• any other fact or circumstance that the court considers is relevant.

We have successfully assisted many parents to relocate interstate and out of the country with their children, as well as successfully opposing relocation orders sought by our client's former partners. Our clients have achieved these outcomes not only through the Court process, but also through alternate dispute resolution avenues.

We pride ourselves on being able to provide prompt and strategic family law advice to our clients, in an understanding and supportive way.

Please contact us to obtain detailed advice regarding parenting arrangements of your children, including any proposed relocation.