March 2025 – Ashley Lovelock
Can I Relocate With My Child After Separating From My Spouse?
It is common for parties to want a “fresh start” if they separate, and to relocate with their children.
This article explores the considerations to have regard to:
Do I need the other parent’s consent?
Answer, it depends:
- You will need the other parent’s consent if there are no orders for joint decision making and the relocation will make it difficult for your child to spend time with the other parent;
- If the Court has made an order for to you for sole parental responsibility to decide where your child lives, then you do not need the other parent’s consent to relocate; and
- If the Court has made an order that grants joint decision making for long term issues, then you will need the consent of the other parent.
If you make the decision unilaterally to relocate with the child without the other parent’s consent, the other parent may make an Application to the Federal Circuit and Family Court of Australia (FCFCOA) seeking orders that you return the child.
What is the first step?
The first step is always to discuss your proposal with the other parent OR to attend at Family Dispute Resolution with an independent mediator to assist you and the other parent to have open discussions about the proposed relocation.
If these discussions have any prospect of resolving the matter, it is essential that the relocating parent has regard to how the child will maintain a relationship with the parent who is not relocating, such as increased visits or longer visits during school holidays.
If you reach agreement with the other parent, you can formalise the agreement in either a parenting plan or Consent Orders by the FCFCOA.
If you cannot reach agreement, you will need to apply to the FCFCOA to seek permission to relocate.
If an application is required, what will the Court consider?
The primary consideration for all parenting matters is the child’s best interests and the FCFCOA will consider the following factors in simple terms:
- Your reasons for wanting evidencing why the relocation is in the child’s best interests including family support, employment, accommodation etc; and
- The practicality of the arrangements including the distance the child will have to travel to spend time with other parent and the costs involved of the travel.
The FCFCOA will then weigh up the advantages and disadvantages of each proposal to make a decision to what is in the child’s best interests.
If you are considering relocating with your child, we recommend you seek our legal advice to assist you in either negotiating with your former spouse or proceeding with filing an Application with the FCFCOA.