Wanting to move to a new city, state, or country with your children is a common issue that arises in family law matters and is referred to as “relocation”.
So, what do you need to know about relocation matters?
If you want to relocate with a child or children, then you should try and talk to the other parent/s about your proposal to relocate. Attending family dispute resolution or mediation can be a useful step to discuss your reasons for wanting to move and to attempt to reach an agreement with the other parent, including what the relocation would mean for the children, for you, and for the other parent.
Often if an agreement is reached for the children to relocate with one parent, the children will spend more time with the “non-resident” parent during school holiday periods. If you can reach an agreement about the proposed relocation, it should be formalized by way of Consent Court Orders or a Parenting Plan.
If you cannot reach an agreement with the other parent about your proposal to relocate with the children, then you will need to make an application to the Court seeking Orders permitting you to relocate the children’s residence.
If you want to stop the other parent from relocating with a child or children, then you may elect to make an application to the Court seeking an order prohibiting the other parent from relocating the child’s residence outside a certain area or region.
If you unilaterally relocate the residence of the children without the other parent’s consent or without an order of the Court, there is a real risk that the Court may require you to return the children’s residence to the place that you moved from until the matter can be dealt with at a final hearing. This can cause significant disruption to your life, but more importantly to the children’s lives.
Issues of relocation are difficult matters for all parties, in particular the children and parents who are subject to Court proceedings. The effect of relocation generally means that the existing parenting arrangements, if there are any, will no longer be practicable and so new arrangements will need to be determined. The Court generally prefers to make decisions regarding a relocation on a final basis, after a final hearing, and not on an abridged interim basis.
If you are thinking about relocation with you children, or you want to stop another parent form relocating with your child, make an appointment with us on (02) 6225 7040 or by email on info@rmfamilylaw.com.au or get started now online with one of our experienced lawyers to obtain advice.
Author: Ellen Russell