Can You Move with Your Children?
Relocation is one of the most contested areas in family law. Whether you can move depends on:
Existing court ordersThe other parent's viewsDistance of the moveImpact on the childrenIf There Are No Orders
Without parenting orders, there's no automatic legal barrier to moving. However:
The other parent can apply for urgent orders to stop youMoving without discussion may affect future proceedingsIt can be seen as undermining the relationship with the other parentIf There Are Court Orders
Check what your orders say:
Some orders explicitly restrict relocationSome require notice before movingSome allow moves with consentBreaching orders is serious - potential contempt of court.
Getting Agreement
Best Approach
- Give plenty of notice
Explain your reasonsPropose how to maintain relationshipBe willing to discuss alternativesConsider mediation if stuckWhat to Propose
- Adjusted time arrangements
Who pays travel costsExtended holiday timeTechnology for staying connectedIf You Can't Agree
You'll need to apply to court for:
Permission to relocate, orChanged parenting ordersWhat Courts Consider
- Reasons for the move (genuine or to frustrate contact?)
Impact on children's relationship with other parentChildren's wishes (depending on age)Practicality of maintaining relationshipsWhether proposed arrangements can workCourt Outcomes
Courts might:
Allow the move with new arrangementsRefuse the moveChange who children primarily live withInternational Relocation
Moving overseas is more complex:
Hague Convention implicationsEnforceability of Australian orders overseasChild abduction concernsPassport issuesGet specialist legal advice for international moves.
Tips
If You Want to Move
- Have genuine reasons
Plan how children maintain relationshipsBe flexible and reasonableGet legal advice earlyIf the Other Parent Wants to Move
- Stay calm
Consider what's really best for childrenPropose alternativesGet legal advice about your options
