Relocating interstate or overseas- what steps should I take if I need to move with the children?

Publications > Relocating interstate or overseas- what steps should I take if I need to move with the children?

 

January 2012

If you intend to move town, interstate or overseas with your child, you will be taken to be relocating.  This can be a contentious issue, especially where the children see both parents regularly and they have a strong connection to both parents.

 

What do I need to do in order to be able to relocate?

 

Firstly, if you share parental responsibility for the child or children in question, then you will need to speak to the other party.  If you are moving away from the other party, you might be able to come to an arrangement whereby the child spends more time with the other parent on school holidays or weekends.

 

If you are not able to agree, you need to seek an order of the court to allow you to relocate the residence of the child.  The court may not allow the proposed move.

 

Should you move the child without the permission of the other parent or the court, the court can require the child be returned until permission is obtained.

 

How does the court decide whether to grant the relocation order?

 

In deciding whether to allow a parent to relocate with a child, the court’s main concern is the child’s best interests.  The Family Law Act also provides that a child has a right to a meaningful relationship with each of their parents. 

 

In most situations, it will therefore be in the interests of the child to have access to and a relationship to both parents.

 

Contact

 

If you are considering moving, you must ensure that if you are the subject of a court order or parenting plan, you seek permission from the other parent or an order of the court.  For personal and confidential family law advice, contact Brisbane family lawyer and accredited specialist Tuskeen Jacobs at t.jacobs@rostroncarlyle.com or 07 3009 8444

 

Helena Redmond,
Trainee Solicitor, Family Law