In brief - Parenting arrangements and relocation
Moving with a child to another state or overseas is known as relocating. If such a move will impact on the child's relationship with the other parent, the court may not allow you to relocate with the child.
Relocation cases are complex and the court makes decisions on what the court believes to be in the best interests of children. If you are thinking of relocating, it is important to seek legal advice.
Reaching an agreement with the other parent
It is recommended that you try and reach an agreement with the other parent and if they agree to you relocating, have the agreement drawn up as consent orders lodged with the court. If the other party does not consent, then you can apply to the court for a relocation order to allow you to move with the child.
Relocating without the consent of the other parent
If there are current orders in place, it would generally be a breach of those orders if you simply relocate without seeking the permission of the court and the other parent.
If there are no orders and a parent relocates without the consent of the other parent, it is likely that the court will order that the children are returned. The court may even place the children into the care of the other parent.
For further information please contact:
Caroline Bass, Senior Associate
Phone: + 61 2 9233 5544
Email: cxb@swaab.com.au
Swaab Attorneys was the highest ranking law firm and the 13th best place to work in Australia in the 2010 Business Review Weekly Best Places to Work Awards. The firm was a finalist in the 2010 BRW Client Choice Awards for client service and was named the winner in the 2009 Australasian Legal Business Employer of Choice Awards.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
