Can a Parent Relocate With a Child After Separation?

Can a parent relocate with a child after separation?

A parent may be able to relocate, but a move that materially affects a child’s relationship with the other parent can require agreement or a court decision. There is no automatic right to relocate with a child, and no automatic answer in a dispute.

For parenting orders, the child’s best interests are the paramount consideration. The court considers the matters in s 60CC of the Family Law Act 1975 (Cth), applied to the particular child and family.¹

What does the court consider?

Relocation cases are fact-specific. Relevant matters may include:

• Why the move is proposed, such as employment, safety, housing or family support.
• The child’s relationship with each parent and other important people.
• The practical impact on time, communication and travel.
• The proposed plan for school holidays, transport costs and video or telephone contact.
• Each parent’s capacity to meet the child’s needs.
• The child’s views, where appropriate in light of age and maturity.
• Any family violence, risk or safety considerations.

The focus is not on rewarding or punishing a parent. It is on the arrangement that best promotes the child’s interests.

Should I tell the other parent early?

Usually, yes. Early discussion can make practical planning possible and may prevent major commitments being made before the legal position is resolved. Do not make unilateral arrangements that assume the move will occur if there are existing orders or a genuine dispute about the child’s living arrangements.

Can parents make an agreement?

Yes. Parents may agree on revised arrangements and record them in writing. Depending on the circumstances, they may choose a parenting plan or apply for consent orders. Consent orders are legally binding; a parenting plan is not enforceable in the same way, although it may be relevant in future proceedings.²

What if there are parenting orders already?

Do not simply disregard them. Seek advice promptly. If both parents agree, an application for new consent orders may be possible. If the proposal is disputed, a court application and family-dispute-resolution requirements may need to be considered, subject to exceptions such as urgency or risk.³

Listen to the full relocation discussion and callers’ questions in Legal Matters: drones, rental cars and parenting relocation . You may also find how parenting arrangements can be changed helpful.

References