If you are considering relocating with your children, you may need to get permission from the other parent or a Court order to do so. If you already have parenting orders from the Family Court, then relocating gets more complex.
It is imperative to seek legal advice as soon as possible, whether you or the other parent are the one contemplating relocation. It is even more important if you have Court Orders already in place as you could find yourself in breach of the orders.
Whether one parent can move with the children depends on where they are moving to and what proposals they make for the children to spend time with the other parent amongst other factors. For example, it will usually be more difficult to move interstate or overseas than move suburbs.
If an agreement cannot be reached, the parents may have to turn to the Court to make a final decision regarding the future living arrangements of the children, and as a result of that, their parents.
The Court will consider the practical difficulty and expense of a child spending time with and communicating with each parent. The Court will further consider whether any difficulty and expense will substantially affect the child’s right to maintain a meaningful relationship with both parents.
The Court considers the proposed relocation in terms of the best interests of the particular children, not children in general. This means that all of the specific circumstances of your matter are relevant, including the reasons for relocation.
If the other parent is threatening to relocate with the children or has relocated with the children, we can assist you in preparing and filing urgent court proceedings to prevent the removal of the children from the state or country or to secure their return.
If you decide to relocate without the permission of the other parent or a court order allowing you to do so, you may find yourself before the Court facing an urgent recovery order application. This may have negative effects on any chance of getting a relocation order in the future.
If you or your former partner are intending to relocate, and you are not sure how to handle the situation, please call Meredith Lawyers for assistance on 1300 537 306.