Drones, Rental Cars and Parenting Relocation: Your Legal Questions Answered

Drones, rental cars and parenting relocation: your legal questions answered

Can you launch a drone from the beach, chase whale footage or fly using FPV goggles? What should you do when a rental-car company says you damaged its vehicle after you have handed back the keys? And can a separated parent accept a job interstate—or in Townsville—and move with the children?

In this practical, caller-driven episode of Legal Matters, Andrew Bell joins Colin Balewski on 4CRB 89.3FM to tackle the legal questions that can catch people out in everyday life. The discussion moves from CASA drone rules on the Gold Coast to parenting relocation and changed arrangements after separation, before listeners put real questions about enduring powers of attorney, rental-car excesses, bank procedures and Queensland wills to air.

Whether you are flying, hiring, separating or planning for the future, the recurring theme is simple: check the rules, keep evidence and obtain advice before a small decision becomes an expensive dispute.

Listen to the episode

Press play for a fast-moving discussion covering drone rules, rental-car disputes, parenting relocation and listener questions from across the Gold Coast.

Prefer to read? See the episode transcript below.

What you will hear

• Drones on the Gold Coast: The rules that apply before you launch, including CASA restrictions, controlled airspace, visual line of sight and filming near beaches, aircraft or events.
• Rental-car damage claims: Why a quick phone video at collection and return may be the best protection against a disputed scratch, damage allegation or excess charge.
• Moving with children after separation: What can happen when a parent is offered work in another city and the move affects the child’s time with the other parent.
• Changing parenting arrangements: The practical difference between an agreed parenting plan and binding consent orders when life, work or a teenager’s needs change.
• Powers of attorney and wills: Can an adult child living interstate act as attorney or executor? When might a grandchild have a claim against an estate?

Drone rules: check before you fly

A small camera drone may be easy to buy, but it operates within a regulated aviation environment. CASA’s standard drone rules apply to recreational flyers, including limits on height, proximity to people and flight in controlled or restricted areas. In general, recreational operators must fly safely, keep the drone within visual line of sight, stay below 120 metres above ground level, remain at least 30 metres from people not involved in the flight, and avoid flying over populous areas or near emergency operations.¹

Using goggles or a screen does not remove the visual-line-of-sight requirement. CASA explains that an observer may assist where relevant, but the operator must comply with the applicable operating conditions.¹ Before flying on the Gold Coast—especially near airports, helicopter routes, major events, beaches or emergency activity—check CASA’s current airspace information and the relevant drone-safety app or map.

Read more: Can I fly a drone on the Gold Coast?

Parenting relocation after separation

A parent’s proposed move can be significant where it would materially affect a child’s time with, or relationship with, the other parent. The question is not whether either parent has an automatic right to relocate with the child. For parenting orders, the child’s best interests are the paramount consideration under the Family Law Act 1975 (Cth).²

A move may offer genuine advantages: employment, safer housing, family support or improved financial stability. It may also reduce regular time with the other parent. The outcome depends on the evidence and the child’s circumstances, including practical travel arrangements, the capacity to preserve meaningful relationships, safety, the child’s views where appropriate, and each parent’s ability to meet the child’s needs.²

Early discussion matters. If relocation is a possibility, raise it before committing to work, housing or schooling arrangements. Where agreement is possible, consider documenting a workable arrangement—such as altered holiday time, travel responsibility and communication arrangements. Where agreement is not possible, obtain family-law advice promptly.

Read more: Can a parent relocate with a child after separation?

Parenting plans and consent orders

A parenting plan is a written agreement, made free from threats, duress or coercion, and signed and dated by the parents. It can be varied or revoked by a later written agreement.³ It is not itself enforceable as a court order, although it can be relevant in later proceedings.

Consent orders are orders made by the court when the parties agree on arrangements. They are legally binding. If circumstances change and both parties agree, they may apply to the court for new consent orders. If change is contested, the court process is more involved and parents should seek advice before acting unilaterally.⁴

Read more: How can parenting arrangements be changed?

Listener questions

Can my daughter in Melbourne be my Queensland attorney and executor?

An adult child who lives interstate can generally be appointed as an attorney under a Queensland enduring power of attorney and as executor under a Queensland will. An enduring power of attorney is not generally required to be registered merely to take effect, although registration is required if the attorney will deal with Queensland land on the principal’s behalf.⁵

The document must be validly completed and witnessed under Queensland requirements. Practical issues—such as verifying identity, obtaining certified copies, bank procedures and future availability—should be addressed when the estate plan is prepared.

Read more: Can an interstate child be my Queensland attorney or executor?

What should I do when returning a rental car?

Take clear photographs or a continuous video of the vehicle before leaving the pickup location and immediately before return. Capture all sides, wheels, windscreens, interior where relevant, dashboard fuel level, time and location where practical. Keep the rental agreement, condition report, return receipt and all correspondence.

The legal and financial effect of an excess, damage charge or GST amount depends on the agreement, the facts and the nature of the payment. Check the written terms and ask the hire company for itemised reasons and supporting documents if a charge is disputed. The ACCC advises consumers to understand the hire agreement and potential charges before signing.⁶

Read more: What evidence should I keep when hiring a rental car?

Can a bank impose procedures for an enduring power of attorney?

A financial institution may need to verify the instrument, the attorney’s identity and its authority to act before permitting access to an account. That process does not change the legal effect of a valid appointment, but it can affect how quickly the attorney can act in practice. Ask the bank for its requirements in writing and obtain advice if a valid authority appears to be improperly refused.

Can a grandchild challenge a will in Queensland?

Whether a person may bring a family-provision application depends on the statutory eligibility criteria and the facts. Children are within the class of eligible applicants. A grandchild may have a claim in some circumstances, including where they were wholly or partly dependent on the deceased, but there is no automatic entitlement simply because they are a grandchild.⁷ These claims are fact-sensitive and strict time limits apply.

Read more: Can a grandchild challenge a will in Queensland?

Related resources

• CASA drone safety rules
• CASA drone rules
• Family Court: parenting arrangements when you agree
• Family Court: changing parenting arrangements
• Queensland enduring power of attorney information
• Bell & Senior Lawyers: parenting and children’s matters
• Contact Bell & Senior Lawyers

Transcript

The following transcript has been edited lightly for readability. It is not a substitute for legal advice.

Introduction

Announcer: 4CRB now presents Legal Matters, proudly brought to you by Bell & Senior Lawyers. Call them today for all your legal needs on 07 5532 8777. This programme provides general legal information only. It is not personal legal advice. Everyone’s situation is different, so please seek independent advice for your own circumstances.

Colin Balewski: Welcome to the studio, welcome to the microphone, Andrew Bell from Bell & Senior Lawyers.

Andrew Bell: Great to be back, Colin.

Colin: We had a huge response from our AI discussion last week. Probably why we did not get any callers; they were too busy listening.

Andrew: Absolutely. It is a very interesting thing and there is so much more we could have discussed.

Colin: It is a huge topic. It is saving me perhaps an hour and a half to two hours a day in routine tasks, such as prioritising emails and adjusting email responses. But when you hear about systems hacking websites to get a booking at a local gym, it can be concerning.

Andrew: Yes, it can be rather dangerous.

Drone safety and CASA rules

Colin: We thought we might start with another topical issue that you raised, and it is close to my heart: drones—drone safety and the rules and regulations. We have a bigger topic, but thought we would touch on this one first.

Andrew: We were chatting about the air show on the weekend. It made everything rather loud, and I understand everyone had a great time. The question is where and how to fly your drone. You can buy a drone, take it into the backyard and launch it for fun. But what most people do not realise is that it is heavily regulated. You enter the Civil Aviation Safety Authority—CASA—domain. The people who regulate Qantas and the major aviation operators also regulate drones.

Colin: It can be thought of as a toy, but once you attach a camera it can fly high and get in front of all sorts of things. There is a safety issue and a privacy issue, and footage can be posted online quickly. It is understandable that there is regulation.

Andrew: Absolutely. With helicopters operating around the coast, the last thing anyone wants is for someone to be hurt. CASA has partnered with a number of companies about where you can fly. If you look up drone-safety apps on the CASA website, you can access a map. Much of the Gold Coast is heavily regulated in terms of where a drone can be flown.

Drones come into different categories depending on their weight and purpose. You cannot simply fly over people or in controlled airspace. Depending on the operation, a larger drone may need to be registered and the operator may need authorisation, accreditation or training. This may sound like a lot, but people can receive serious attention from CASA in relation to alleged flights in controlled airspace or interference with emergency aircraft. Around Coolangatta and Sea World are picturesque places to film, but check the relevant app or map before flying from a car park and stay on the right side of the law.

Colin: And it can be as simple as posting footage online and CASA tracking you down?

Andrew: CASA can investigate suspected breaches, Colin.

Colin: That is useful information. Friends of my son say they simply launch a drone and go looking for whales. I have asked whether they realise they have to fly in certain places and only to certain heights. They say they simply buy it and fly it.

Andrew: If you have goggles that make you feel like you are flying a real plane, CASA’s visual-line-of-sight rules still matter. You are not supposed to fly beyond sight; an observer may be required depending on the operation. Overseas, you see impressive videos of drones flying long distances and returning with panoramas, but Australia has specific rules. It is worth informing yourself.

Colin: Great information. This is a talkback programme. We are going to talk family law, as promised after last week, but thought we would touch on that fun and frivolous issue first. The number to call is 07 5520 8888. You can ask Andrew Bell from Bell & Senior Lawyers a legal question on any topic. We began this topic a couple of weeks ago, then moved to AI because it was topical. We are returning to parenting in practice: relocation and difficult arrangements.

Parenting arrangements and relocation

Andrew: We were talking about what happens when a family relationship with children breaks down. The number-one concept is that the child’s interests come first. There is not a presumption of 50/50 time. The older the child, the more their position may be taken into account. Equal time with each parent is not an automatic default.

The most important consideration in looking at the child’s best interests is safety: emotional safety, educational safety and physical safety. Parental responsibility comes after that. Parents can share responsibility for major decisions without the child spending equal time with them. The question is who makes decisions about the child, not necessarily where they live each night.

Children are increasingly being asked about their preferences. They are not simply told they must attend a parent’s home on particular days. In appropriate cases, an independent children’s lawyer may be appointed. That lawyer does not represent either parent; they represent the child’s interests. Parents can work arrangements out without going into an adversarial court environment, and that is usually the best outcome if they can do so. If they cannot, issues can include relocating for work, changes in circumstances and disagreements about decisions.

Colin: The law changes frequently, and what used to be understood can become a misconception. Let us look at relocation for work.

Andrew: Following a relationship breakdown, a person may not want to remain in the same city, or may find opportunities elsewhere. Imagine a mother caring for two children while the father sees them every weekend and on one weeknight. She is now separated, needs employment and is offered a good job in Townsville with better pay and perhaps closer family support. What happens then?

Without agreement or an applicable court order, the father may dispute the proposed move. If there are existing arrangements or proceedings and he objects, it becomes a relocation dispute. The court weighs the benefit to the parent seeking to relocate against existing relationships and, again, the child’s best interests. It considers the practical effect on the father’s relationship with the children if weekly time disappears.

Caller: Richard — enduring power of attorney and executor

Colin: We will go to our first caller, Richard. Good morning, Richard. Ask your question of Andrew.

Andrew: Morning, Richard.

Richard [listener phoning in]: Good morning, Andrew. It is about an enduring power of attorney and executor of my will. My daughter lives in Melbourne. Do I arrange that in Queensland or Melbourne, and does an enduring power of attorney need to be registered?

Andrew: Usually, you prepare it in the state where you reside rather than where the attorney lives. I would generally suggest that a Queensland resident use the Queensland enduring power of attorney process. You can appoint your daughter as attorney and arrange for her to complete her acceptance from another location, provided the document is properly executed under the relevant requirements. The formal signing and witnessing requirements must be observed. You also mentioned an executor.

Richard: Yes. Can she be named as executor? Would I make the will here on the Gold Coast?

Andrew: Yes. A Queensland will can name her as executor. You do not generally need an executor’s consent when making the will, although it is sensible to discuss the appointment and name an alternative executor if the first person cannot or does not wish to act. Any suitable adult can be named. I would arrange the will to be properly prepared and witnessed in Queensland, where you reside.

Richard: Great, thank you. I will make an appointment with your office on Friday, I think, because she comes up.

Colin: Good on you, Richard. Contact reception after the show if you would like details.

Richard: Thank you very much.

Andrew: Thank you.

Parenting relocation in practice

Colin: We are back with Legal Matters. We have eight or nine minutes left in the programme. We were discussing family-law arrangements and children’s arrangements, particularly relocation for work. What is a practical example?

Andrew: We were discussing a mother who wants to move with her children from the Gold Coast to Townsville for a better job and to be closer to family. The father, who has time with the children, may be able to challenge that move and potentially prevent it. How is it resolved? It is difficult. There is no automatic answer. A range of factors, including the children’s wishes, are considered and supported by evidence.

Sometimes a move is approved but time is restructured. For example, the father may have longer school-holiday time, with travel paid for by the relocating parent. If the reasons for moving are not compelling enough to justify losing a close relationship with the father, the court may refuse the request. A parent planning to relocate while subject to a parenting plan or during separation should raise the issue and plan early. It can become time-consuming if the other party attempts to block the move.

Caller: Lynn — grandchildren and wills

Colin: We will go to Lynn. Good morning, Lynn. Ask your question of Andrew.

Andrew: Morning, Lynn.

Lynn [listener phoning in]: Hi, Andrew. This is about wills. I am divorced and my ex-husband remarried about 12 years ago. I have been told he is not including our two children in his will, and they are okay with that. But I have an autistic granddaughter and she is not included either. I will put her in my will, obviously. She is cared for by the government, but I feel she should be included in my ex-husband’s will and he is not giving her any thought.

Andrew: Is your granddaughter financially dependent on your ex-husband in any way?

Lynn: No.

Andrew: Whether someone can bring a claim depends on the applicable legal test and the facts. Biological or adopted children may be within the class of people eligible to bring a family-provision claim. Grandchildren are not automatically included, but may be eligible in some circumstances, including dependency. A claim involving a child who lacks capacity can also raise issues about representation. It is a complicated area.

Morally, he may wish to consider his disabled grandchild. But if she is not dependent on him, a claim could be difficult. If he leaves out his biological children, they may be eligible to seek further provision from the estate under Queensland succession law. Every circumstance is different and specific advice should be obtained promptly.

Lynn: It gets complicated, does it not?

Andrew: It does, absolutely.

Lynn: Thank you very much.

Andrew: Thank you, Lynn.

Changing parenting arrangements

Colin: We are returning to the topic of the day: parenting arrangements after separation. A parent considering relocation should plan well ahead and have a discussion, because it can become very difficult.

Andrew: Absolutely. Tensions can be high after separation. Surprising someone with the possibility that they may no longer see their children regularly can bring out an adversarial response. Raising it early may prevent problems that could jeopardise the job or other arrangements. Have the discussion before accepting employment if possible. Speak with a lawyer, and when making parenting arrangements consider whether either parent may later relocate.

Colin: What happens when circumstances genuinely change?

Andrew: There are two common ways to address parenting arrangements after separation. First, a parenting agreement or parenting plan: a written agreement that both parents have agreed to follow. Second, consent orders: an agreed arrangement taken to court for approval, after which it becomes an order of the court.

The benefit of court orders is that they are binding. If someone does not follow them, withholds children or takes children overseas contrary to the orders, the court can enforce them. The difficulty is that they can be harder to change. If both parties genuinely want to change orders, they can apply by consent to amend them. If the proposed changes are contested, the court may need to decide whether the orders should change in the child’s best interests.

If parents have a parenting plan, it should ideally explain how it may be reviewed or changed. If both agree, they can sign a new written parenting plan. If one parent does not agree, and there is no enforceable order, the conflict can escalate and a parent may seek court orders.

Colin: If a child or teenager wants to change the living arrangements, how does that work?

Andrew: It depends on the arrangement, but parents can agree to changes. If both are content for a son to spend more time with one parent during the week and more time with the other on weekends, they can arrange that. But one parent should not unilaterally make changes without considering the consequences, particularly where court orders apply.

Closing

Colin: We are at the end of the programme once again. It goes quickly. Great information on drones and family law. Thank you to the callers; the programme is always better for your questions.

Andrew: I hope everyone is getting something out of it.

Colin: Thank you, Andrew. This show will be online on the 4CRB website and the Bell & Senior Lawyers website after the show. Andrew joins us again next week at 9:00 Tuesday morning.

Andrew: Thank you. See you then.

Announcer: You have been listening to Legal Matters, proudly brought to you by Bell & Senior Lawyers. Call them today for all your legal needs on 07 5532 8777. Copies of this and past programmes and relevant resources are available to replay or download at bellsenior.com.au and 4crb.com.

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