The decision to relocate with a child within Australia involves various legal considerations and processes.
The court will consider whether the relocation serves the child’s best interests, balancing the benefits of the move with any negative impact on their relationship with the non-relocating parent.
In most cases, the relocating parent will need to file a petition with the court, and the non-relocating parent has the opportunity to object. The court’s decision will be based on a thorough examination of all factors to ensure the child’s well-being and stability.
Here’s an overview of the factors influencing such moves and the importance of seeking legal advice from a child custody lawyer.
Improved Quality of Life for the Child
The relocating parent must demonstrate that the move will improve the child’s quality of life, including better education, healthcare, or overall living conditions. If there are safety concerns, such as domestic violence, abuse, or an unsafe environment in the current location, relocation may be allowed to protect the child.
If the child has specific medical, educational, or psychological needs that are better addressed in the new location, the court may approve the relocation.
If the relocation would bring the child closer to extended family who can provide emotional and practical support, this may be a favorable factor, too.
Parental Agreement
In cases where both parents mutually agree on the relocation, it is more likely to be approved, especially if they agree on a new custody or visitation arrangement. If the other parent objects to the relocation or an agreement cannot be reached, mediation may be required. If mediation fails, either parent can apply to the court for a parenting order regarding the relocation.
Impact on the Child’s Relationship with the Other Parent
The court assesses the potential impact of the relocation on the child’s relationship with the non-relocating parent and considers whether suitable arrangements can be made to maintain meaningful contact. The court will assess the distance of the relocation and whether it’s feasible for the child to maintain a meaningful relationship with the non-relocating parent through regular visits, phone calls, or virtual communication.
Child’s Preference
Depending on the age and maturity of the child, their preferences where to live may be taken into account. Courts are more likely to consider the child’s views if they are older and able to express reasoned opinions.
Relocation for Military or Job Transfer
If a parent is required to relocate due to military deployment or job transfer, courts may consider this a valid reason for relocation, but will balance it with the child’s best interests and the other parent’s ability to maintain contact.
A job opportunity for the parent that would significantly enhance the financial stability of the household could also be considered.
Relocating within the same city can also have legal implications, especially if a shared parenting order exists. Shared parenting arrangements work best when parents live nearby.
Moving to a different suburb can significantly impact schooling, social interactions, and extracurricular activities.
History of Co-Parenting and Communication
If the relocating parent has a history of fostering a positive co-parenting relationship, the court may be more inclined to permit relocation, trusting that the parent will make efforts to maintain the child’s relationship with the non-relocating parent.
Prior Custody Agreements or Court Orders
The terms of the existing custody agreement or court order will play a major role. Some agreements include specific clauses about relocation, requiring court approval or permission from the other parent.
Legal Requirements for Relocation
When moving a child outside of Australia, the consent of the other parent or a Family Law Court Order is necessary to do so legally. Taking a child overseas without parental consent can have legal repercussions. However, moving within Australia can also be somewhat restrictive.
Example of a Relocation Case
Helen, a nurse, shared custody of her children with her ex-husband and had just received news of her relocation to Canada as part of her job.
While Helen has good reasons to relocate a child, she was concerned about her children’s well-being. Hence she sought our assistance to understand her legal options.
We helped Helen communicate early with the other parent.
We attempted mediation with her ex-husband. We explained the importance of maintaining open communication with her ex-husband and recommended exploring alternative custody arrangements to accommodate the distance. We came up with an arrangement where she could go to Canada with the child, and the child would spend large amounts of school holidays in Australia with the father.
We provided Helen with legal advice in developing a comprehensive parenting plan considering logistical challenges while ensuring that legal procedures were followed. Helen successfully relocated to the new country with her child.
Relocation Has Legal Considerations
Relocating with a child within Australia or out of the country involves legal considerations and processes that vary based on the destination and the circumstances.
Obtaining consent or court orders is crucial, and engaging in discussions and mediation with the other parent is encouraged.
Seeking legal advice from experienced family lawyers is essential to navigating the complexities and ensuring compliance with the law.
Director of Melbourne Family Lawyers, Hayder manages the practice and oversees the running of all of the files in the practice. Hayder has an astute eye for case strategy and running particularly complex matters in the family law system.
