Children and Relocating Parents

You're Moving Where?

In a remote or regional location, it is often especially difficult for separated parents to both stay living in the local area. 

You may face arguments from the other parent that they need to move away and want to take your child or children with them, making it much more difficult for you to spend time with them. This may be for work reasons, another relationship, family support, or the cost of living in the regional centre. Both parents in this scenario will have very valid points.

When there has been unsuccessful discussions about a proposed move between the parties it is important to get legal help before a parent takes the law into their own hands and just relocates with the child or children.

Can the Police help if my children have been moved without my consent?

Sometimes a parent will not be consulted about a proposed move of their children, but will simply wake up to find their children have been relocated. The police cannot help in these instances, as the police have no right to bring the children back without a court order. Immediate assistance from a solicitor is required.

A lot of bad advice is floating around from well meaning people on these issues. For example – “you’re not allowed to move the kids away because your husband is entitled to see the children 50% of the time” or “you can move because you have been sacked and have a job offer elsewhere”. Neither of these statements is necessarily true, but both could be true in an appropriate case. Each case is unique.

There will almost always be “two sides” to these “relocation cases”. Relocation cases are notoriously unpredictable and the only way to get a satisfactory outcome is to get prompt legal advice when such issues arise. Sometimes, a case which a court would usually decide in Parent A’s favour, will actually be decided in Parent B’s favour, only because Parent A waited too long to seek legal advice about their children being relocated.

What does the Court consider?

Our law recognises a number of potentially conflicting rights. Children have the right to as much time as possible with both parents. However, parents have the right to live wherever they want. Almost every case involving a proposed relocation of children away from one parent geographically is in all ways a “no win” situation. The best solutions usually involve some creative thinking.

Generally, parties are to first attend mediation with a Family Dispute Resolution Practitioner. If you are unable to reach agreement through this process, the next step is court. In the event you do not consent to the other parent relocating with the children, the court’s consent is required. Parents who move children without the other parent or court’s permission, do so at the real risk the court will possibly order the children be returned to where they were living until the court can properly evaluate the move.

The only thing that can be said for certain, is that legal advice is needed early and complex decisions of such enormity should only be made with the assistance of detailed legal advice on the specific situation at hand.

If you or the other parent are intending to relocate, or the other parent has already relocated we encourage you to seek legal advice as soon as possible.

Please do not hesitate to contact our office on (07) 4963 2000 or via our online contact form below should you have any queries