The rising cost of living, changing job opportunities, and the need for family support are causing more parents to consider moving to new locations after separation. This has led to an increase in child relocation applications in family courts. The financial and emotional pressures of separation often make relocation seem like a good solution, especially for parents who primarily care for their children. However, these cases are complicated, and it is crucial to prepare them carefully.
What happens if a parent moves without permission?
If a parent moves with their children without the clear consent of the other parent or a court order, the other parent can make an urgent application to the Court to have the children returned to their usual home. The Court usually requires the children to be returned until it can decide on their living arrangements.
Can the court stop a parent from moving?
Yes, the Court can prevent a parent from moving a child’s residence. This can be on a temporary or permanent basis, including limiting the areas where a child can live and the schools they attend. In rare cases, the Court can also issue orders to stop a parent from relocating altogether.
How does the court decide on relocation cases?
The Court’s main concern in relocation cases is the best interests of the child. It looks at the plans of both parents and follows guidelines set out in the Family Law Act. The Court does not treat relocation as a separate issue but considers all possible options for the child’s welfare. How a Court determines what is in the best interest of the children is set out in Section 60CC of the Family Law Act. Section 60CC sets out a number of considerations that a Court must consider.
Why are relocation cases challenging?
The Court is often cautious about allowing relocations because reversing such a decision can create more instability for the child. Moving involves significant changes, like a new home and school, and adjusting to living apart from the non-resident parent. For younger children, it might weaken their bond with the non-resident parent. Older children might find it harder to maintain a meaningful relationship with the non-resident parent and might feel the loss deeply.
Preparing for a relocation case
If you are thinking about relocating, it is important to show how the move will benefit your child. Your proposal to the Court must be detailed and supported by evidence that relocating will positively impact your child’s well-being. Here are some key questions to consider noting there are many other matters the court might consider in these applications:
- Was there a shared custody arrangement before the proposed move?
- How strong is the child’s attachment to the parent who is not relocating?
- Is the relocating parent realistic about the benefits of the move and capable of making it work?
- Does the relocating parent have support systems in the new location?
- Does the relocating parent have work opportunities and or housing in the new location?
- Are there any mental health or substance abuse concerns with the relocating parent?
- Can the relocating parent afford to maintain the proposed contact visits with the other parent?
- Has the relocating parent previously supported the child’s relationship with the other parent?
- Is there a history of significant conflict between the parents?
Conclusion
Relocation cases are complex and require careful preparation. If you are considering relocating with your child, it is vital to provide a clear and well-supported case that shows how the move will benefit your child. Seeking professional legal advice can help ensure your application is thoroughly prepared and increase the chances of a favourable outcome.
Do not navigate this alone. Contact us today for expert assistance with your relocation case.
If you require legal advice or representation with respect to your Family Law matters, please contact our highly experienced Family Lawyers at MST Lawyers on (03) 8540 0200 or at familylaw@mst.com.au.
Article by By Carmel Morrison
