relocation and travel


child relocation

The living arrangements of your child(ren) are long term decisions that should, where possible, be decided mutually with the child(ren)’s other parent, if there is a presumption of joint parental responsibility.

Notwithstanding this, the Court cannot make an order that an individual be restricted from relocating themselves. The Court only has jurisdiction with respect to a child(ren), when relocation may not be in the child(ren)’s be interest and will negatively impact the time that child(ren) spends with their other parent.

consent of other parent

Consent is required to be obtained from the child(ren)’s other parent if you seek to relocate the child(ren) permanently or for an extended period of time. This consent will usually also require a plan for contact with the other parent. It is highly recommended that, in cases of conflict, parties seek to resolve disputes of this nature through alternative dispute resolution, such as family therapy, mediation or similar.

applying for a Court Order

If you are unable to obtain the consent of your child(ren)’s other parent to relocate your child(ren) permanently or for an extended period of time, you can make an application to the Court. When determining an application of this nature, the Court may consider:

  • the views and wishes of the child(ren);

  • the child(ren)’s relationship with each parent and how this relationship will be maintained following relocation;

  • the impact on the child(ren)’s education;

  • the impact on the child(ren)’s meaningful relationships with other family members and friends;

  • the distance of relocation;

  • the cost and difficulty for the other parent to spend time with the child(ren);

  • the involvement the non-relocating parent plays in the life of the child(ren);

  • why you are seeking to relocate the children (i.e., gainful employment, better opportunities or family support).

Relocation orders are usually decided on a final basis, given the significant impact this will have in determining other aspects of a child(ren)’s life.

If you require specific advice in relation to an application of this nature, please contact us for a free 30 minute consultation.