There are many reasons a parent may want to relocate after separation or divorce.
However, there are a number of considerations that must be taken into account when relocating if children are involved.
While the interests and desires of the parent seeking to relocate with a child will not be ignored by the Court, the main consideration for the Court will be the child’s best interests. This includes the child’s “right” to maintain a relationship with both parents.
Our family law team in Perth and Joondalup are highly experienced in all aspects of relocation and understand the importance of both having the freedom to relocate and having a relationship with your children.
Can I move away with my child after separation?
Relocating after separation will depend on various factors, such as:
- Whether the relocation will be intrastate, interstate or international/overseas.
- The reason for relocating, for example:
- financial improvement;
- greater professional opportunities;
- career advancement;
- improved lifestyle;
- stronger family support base; and
- re-partnering or future marriage.
- The age of the child or children.
- The needs of the child or children.
- Whether there a possibility for both parents to relocate.
How far can I move away with my child?
There is not necessarily a limit on where a parent can relocate to.
In some cases relocating from one suburb to another my be an issue and in other cases relocation overseas have been permitted.
Relocation cases are heavily dependant on the circumstances of each case.
Do I need permission to move interstate or overseas with my child?
You do not need permission from your ex partner to relocate, but requesting their permission is the starting point.
If your ex partner does not give permission to relocate, you will need to make an application to the Court to relocate.
Regardless whether the relocation will be intrastate, interstate or international/overseas, the Court will:
- Look at what is in the best interests of the child as the most important (but not the only) consideration.
- Examine the options or proposals each person has made for the arrangements for the child.
- Consider the reason for the proposed move.
I don’t know where my children are, what can I do?
If you are unable to find out where your ex partner relocated to with your children from your own searches such as your family and friends, an urgent application can be made to the Court for a location order or a Commonwealth Information order. This will involve a notice being sent out to various government departments to locate your ex partner and children.
If your children have passports and you are concerned that your ex might be in the process of relocating overseas, an urgent application can be made to the Court to place your children on an airport watchlist to prevent your children from leaving Australia.
If your ex partner has relocated with the child without your permission or an order form the Court, then you can make an application for a recovery order.
A recovery order is an order made by the court requiring the return of a child.
How can CS Legal help with relocation issues?
Our team of family lawyers in Perth and Joondalup can help assess your situation and work with you to negotiate a satisfactory relocation outcome for yourself and your children. If necessary, we can assist you in making or responding to a relocation application to the Family Court.