There might be a variety of reasons why a family chooses to live in a particular place. It may be that one or the other of the parents has family living nearby. It may be that a job opportunity was available in the area for one parent.
When parents separate, it can mean that one parent finds themselves living in an area to which they have little connection and in which they lack family support or social networks, or job opportunities.
That parent may then wish to relocate to another area that offers more opportunities to them. But what happens if there are children?
There is no law that requires a parent to reach an agreement with the other parent prior to relocating. Therefore, a parent can move relocate themselves and children without consulting with and agreeing with the other parent.
However, such a step should not be taken lightly, as although a parent can legally relocate, upon an application to the Federal Circuit and Family Court of Australia (“the court”), the court may make orders that could include:
- A requirement for the children to be returned to the area they lived in prior to the relocation.
- A requirement for the children to live with the other parent.
- Interim restraints against further relocation or changing of the children’s school.
Each relocation case, including interim relocations, will turn on their individual facts. The court will however often be cautious in permitting a relocation on an interim basis, when all the facts of the case are not known, particularly if such a move would limit the capacity of the children to have a relationship with each parent, overturn longstanding parenting arrangements, or see other substantial changes for children, such as change of school and peer groups.
On the other hand, there may be strong reasons for a parent to relocate urgently, such as if the relocation is necessary to protect themselves and the children from harm.
What should I do if I want to relocate?
In the first instance a parent wanting to relocate should seek the consent of the other parent to do so, provided it is safe. Having a clear proposal of how the other parent will be able to maintain a relationship with the children can increase the chances that an agreement will be reached.
If an agreement can be reached, it is best to document such agreement in writing. If all parenting issues can be agreed orders can be obtained by way of an application for consent orders.
If not, agreement can be reached between parents directly, Family Dispute Resolution offers a potential pathway to agreements.
Finally, if no agreement to be reached, a party can file an application with the court for parenting orders that would allow the relocation to occur.
Written by
Luke Shearston
Senior Associate
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