July 2015 | Les Stubbs; Tash Nolan

Planning to move, overseas, interstate, or even out of the area in which you have lived before, can be difficult if you have children living with you. If you are planning to move, whether interstate or overseas, or any other move that will affect the time which the child or children can spend with their other parent, you need the permission of the other parent. If you move without their consent, they may ask the Family Law Courts for a recovery order to return the child or children to where they previously lived. That may be without you.

How does a Court decide if a parent can relocate with a child?

The Court will consider the best interests of a child as the most important consideration for any proposed relocation, wherever it may be to. The Court will take into considerations issues such as:

  • the proposals for the other parent to spend time with the child;
  • the existing relationship between the child and the parent they live with;
  • whether the parent the child lives with has been the primary carer for some time;
  • how much time the child currently spends with the parent they do not live with, what their relationship is like and whether the relationship will continue or be maintained if the move is allowed;
  • the distance and permanent nature of the move;
  • what impact it will have on the child to leave friends, extended family and school, etc;
  • the wishes of the child, if any;
  • the age of the child, and their maturity; and
  • the cost and ease of the other parent spending time with the child.

Written by Les Stubbs
Director – Family Law
(02) 9023 9111

Les is an accredited family law specialist and has over 30 years experience in family law.  For specialist family law advice please contact Les on 9231 2466 or email lstubbs@hflawyers.com.au.

Related Content