After a separation, it is not uncommon for one parent to consider moving to a different city or region. This might be for employment opportunities, family support, or a fresh start.

However, when parents share parental decision making responsibility for a child, relocation can become a complex legal issue.

Do I Need Permission to Move With My Child?

If there are parenting orders in place, you must comply with those orders. Many parenting orders specify where a child lives or how much time they spend with each parent. Moving a significant distance away may make those arrangements impossible to follow.

If there are no parenting orders, both parents who share parental decision making responsibility should still consult each other about major long-term decisions affecting the child. Relocating with a child can fall into this category.

In many cases, it is best to seek agreement with the other parent before making any plans to move.

What Happens if the Other Parent Does Not Agree?

If parents cannot agree about relocation, the issue may need to be resolved through dispute resolution or, in some cases, by the Court.

The Court does not apply a simple rule about whether a parent can move with a child. Instead, the Court considers what arrangements are in the best interests of the child, as required under the Family Law Act 1975 (Cth).

How the Court Decides Relocation Cases

When determining relocation matters, the Court may consider a range of factors, including:

• the benefit to the child of having a meaningful relationship with both parents
• the need to protect the child from harm
• the practical difficulty and expense of a child spending time with each parent if relocation occurs
• the reasons for the proposed move
• the impact the move may have on the child’s relationship with the other parent
• the child’s age, maturity, and views (depending on the circumstances)

Each case is different, and the Court carefully weighs the competing proposals put forward by each parent.

Possible Outcomes in Relocation Matters

Depending on the circumstances, the Court may:

• allow the relocation and adjust parenting arrangements
• refuse the relocation and require the child to remain living near the other parent
• make alternative parenting arrangements that balance the child’s relationships with both parents

Relocation cases are often complex because they involve balancing a parent’s desire to move with the child’s right to maintain relationships with both parents.

Getting Legal Advice Early

If you are considering relocating with your child after separation, it is important to obtain legal advice before making any significant decisions. Acting without agreement or appropriate legal steps can sometimes lead to urgent court proceedings.

Understanding your options early can help you make informed decisions and avoid unnecessary conflict.

If you need advice about relocation, parenting arrangements, or any other family law matter, the team at South Coast Family Law Group can assist.

Contact our expert team in Wollongong and Shellharbour on (02) 4202 6644 or email admin@scflg.com.au for advice today.