Relocation and parenting cases

Are you separated, have children and wanting to relocate? 

If so, you need to obtain advice from an experienced family lawyer as, failing to obtain a parent’s consent or legal advice regarding a proposed relocation, could mean the difference between the court allowing the relocation or not.

If you do not obtain the other parent’s consent, it’s not uncommon for a court to order for you to return the child(ren).



Factors the court will consider:

1. whether child(ren) ought to spend significant and substantial time with each parent.

2. what is the best interest of the child(ren) and whether such time with the other parent is reasonable and practicable (this is particularly so in disputed parenting cases particularly when a parent is seeking to relocate to another area).

3. geographical distance between each parent, the schools where the child(ren) attend and significant relationships with extended family and their social circle.

4. any wishes the child(ren) expresses and whether those wishes may have been influenced by either parent. 

5. the role each parent is to take in the child(ren)’s lives in the future

6. whether the parents will continue to share joint parental responsibility for long term decision making

7. the relationship and conflict between the parents, and their ability to communicate with each other

8. the distance that the child(ren) will be required to travel in maintaining a connection with each parent

9. whether each parent considers some travel distance is acceptable or not. 

Interestingly, in a recent family law case, the court ordered that the mother could only relocate to a distance that was within 20 kilometres of the children’s school.

If you are looking at relocating, book in for a consultation with one of our highly experienced and caring family lawyers.