How Far Away Can I Move with My Child Australia

Moving with a child is a significant decision that requires careful consideration, especially when relocating beyond the current residence’s vicinity.

In Australia, specific laws and guidelines govern moving with a child to protect their best interests.

What Should You Consider If You Want To Move?

In Australia, a divorced parent’s ability to move with a child after separation or divorce is subject to legal considerations primarily centred around the child’s best interests.

The Family Law Act 1975 governs such matters and prioritises the well-being and stability of the child above all else.

However, no specific distance defined by law dictates how far a parent can move with their child.

Instead, several factors come into play when determining the acceptability of a relocation:

1. Consent of the Other Parent: If both parents agree to the move, the relocating parent can do so without legal obstacles. It is crucial to obtain written consent and maintain clear communication during this process.

2. Court Approval: The relocating parent must seek court approval if the non-relocating parent does not consent. The Family Court will evaluate the proposal and consider various factors, including the reason for the relocation and the impact on the child’s relationships, education, and overall well-being.

3. Best Interests of the Child: The court’s primary concern is the child’s best interests. It will assess the child’s relationship with each parent, the level of involvement of both parents in the child’s life, the child’s preferences (if mature enough), and the potential advantages and disadvantages of the move.

4. Disruptive Effect on Parenting Arrangements: The court will consider how the move might impact the child’s time spent with the non-relocating parent. The relocating parent may need to propose alternative parenting arrangements to ensure continued meaningful contact with the other parent.

Also read: Parenting Agreement: 5 Helpful Answers to Frequently Asked Questions

5. Previous Court Orders: If pre-existing parenting orders are in place, the relocating parent must adhere to them. A court order may contain specific provisions regarding relocations.

Also read: Child Visitation Without Court Order

6. Practicality and Feasibility: The court will evaluate the practicality of the move and assess whether it is reasonable given the child’s age, health, and specific needs.

It is important to note that each case is unique, and outcomes may vary depending on the circumstances. If in doubt, seeking legal advice from an expert lawyer is essential to understand one’s rights and obligations fully.

Ultimately, the court aims to balance the parent’s right to freedom of movement and the child’s right to have a meaningful relationship with both parents.

Helping Our Clients

As a law firm dedicated to family matters, we understand the importance of supporting parents like Beth in their co-parenting journey. When Beth needed to relocate with her child, she sought our assistance to ensure a smooth process for everyone involved.

We arranged a detailed initial consultation with Beth to gather essential information about her situation. During this meeting, we listened attentively to her concerns, understood her reasons for the move, and took note of her daughter’s needs.

After evaluating the existing custody arrangements and court orders, we assessed the potential impact of the relocation on both parents’ rights and their daughter’s well-being. This analysis helped us determine the best course of action.

We provided Beth with a clear explanation of the legal requirements and her options for relocating with her child.

We encouraged open communication between Beth and the father Jackson throughout the process. We stressed the importance of working together to ensure their daughter’s smooth transition.

After the relocation, we followed up with Beth to ensure the transition went smoothly and that both parties respected the new parenting arrangements.

Always Seek Legal Advice

Moving with a child in Australia requires adherence to the legal framework and careful consideration of the child’s best interests.

Whether it’s a relocation within the country or an international move, obtaining consent from the other parent or seeking court approval is crucial.

By understanding the laws and guidelines surrounding this issue, parents can make informed decisions prioritising their child’s well-being during relocation.

If in doubt, seeking legal advice is recommended to navigate the complexities of family law and ensure compliance with all applicable regulations.

Hayder Shkara

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.