When parents separate, they are still faced with the reality of co-parenting. This can be challenging for parents to navigate following the breakdown of a relationship, when emotions are high and unresolved issues may remain. This is especially challenging when one parent seeks to move.
The focus for parents should always be what is in the best interests of their children. When faced with a parenting matter, this is also the Court’s primary consideration (see section 60CA of the Family Law Act 1975 (Cth) (the Act)). In determining what is in a child’s best interests, the Court will consider the matters set out in s 60CC(2) of the Act.
It is not recommended (nor usually condoned by the Court) for parents to relocate the residence of a child without the both parents agreeing to the proposed move; or without a Court Order allowing the parent to move with the child.
When a parent is seeking to relocate with a child, the Court will be interested in how the proposed move will impact that child; having regard to their developmental, psychological, emotional and cultural needs. For example, a parent seeking to relocate will need to consider how the move will impact the child’s education. The Court will be interested in understanding the child’s educational arrangements, including what year the child is in at school and whether they have special educational needs (for example, that can only be met in certain schools).
In most cases, a proposed relocation is likely to have an impact on the care arrangements for the child, and the capacity for both parents to spend time with that child as they have been. The Court gives consideration to the benefit afforded to the child of having a relationship with their parent, and other significant people.
Parents should be able to identify how they will be able to support a relationship between the child and the other parent if they are (and/or are not) able to move. The Court will be interested in the practicalities of the move, including what travel will be involved to visit the other parent and the costs of that travel.
The moving parent should be able to clearly articulate how they will support the relationship between the other parent and any other significant people in the child’s life. This may involve giving consideration to greater time with the other parent in the school holidays and communication (for example, video communication at set times and with regular frequency).
Where a parent has been subjected to family violence by the other parent, the Court will give consideration to whether the arrangements promote the safety of the child (and the caring parent).
In making a decision about relocation, there is (generally) no easy answer. Discussions about resolving a matter will involve one parent compromising on their position significantly, or both. The Court will ultimately balance the parties’ competing proposals and make a determination about what they consider is in the child’s best interests.
If you are considering relocating with your child, you should speak with a specialist family lawyer to understand your rights and obligations. You can contact Robinson + McGuinness today to arrange an appointment by email at info@rmfamilylaw.com.au or 02 6225 7040 or get started now online with one of our experienced lawyers.
Author: Anika Buckley, Associate
