Relocation and Custody: 5 Important Questions Answered

Relocation and Custody

If you’re thinking about moving to a new city or state with your child after separation, you’re not alone. Whether it’s for a new job, to be closer to family, or for a fresh start, many separated parents consider relocation.

But in Australia, moving with your child isn’t as straightforward as packing up and leaving. Relocation decisions involve legal considerations, especially when it comes to custody arrangements and the rights of the other parent. Understanding your obligations under family law can help you make informed decisions about relocation and custody.

Do you need permission to move?

Yes. If your relocation affects the time your child spends with the other parent or significant people in their life (like grandparents), you must either get the other parent’s consent or seek court approval. You can’t simply relocate with your child without first addressing these changes formally.

In cases where both parents agree, it’s best to put that agreement in writing—ideally through a parenting plan or court order. If you can’t agree, you’ll need to apply to the court for a parenting order allowing you to move with your child.

Key takeaway: You need consent or a court order before relocating with your child if it affects existing parenting arrangements.

What does the court consider in relocation cases?

The court’s main priority is the best interests of the child, not the parent’s personal preferences. When deciding on relocation and custody, the court will consider:

• The child’s relationship with both parents
• The likely effect of the move on the child’s emotional well-being
• The practicality of the child maintaining a relationship with the non-relocating parent
• The reasons for the proposed move
• The ability of each parent to support the child’s relationship with the other parent

The court doesn’t automatically favour the relocating parent, even if the move is for a seemingly positive reason like employment or family support. Instead, the court balances the impact of the move against the child’s right to maintain meaningful relationships with both parents.

Key takeaway: The court focuses on the child’s best interests and whether they can maintain a meaningful relationship with both parents.

What if the other parent doesn’t agree?

If the other parent does not consent to the relocation, you’ll need to apply to the Federal Circuit and Family Court of Australia for permission. This is done through a parenting order that outlines your proposed move and how ongoing contact with the other parent will be managed.

You should be prepared to present a well-thought-out plan that addresses how your child will continue to spend time with the other parent. This might include regular video calls, holiday visits, and travel arrangements. The court will want to see that you’ve made reasonable efforts to accommodate ongoing involvement.

Key takeaway: Without agreement, you’ll need a court order to relocate—and you’ll need to show that you’ve considered your child’s relationship with the other parent.

Can you stop the other parent from relocating?

Yes, if the move would significantly impact your time with the child, you have the right to object. If you find out that the other parent plans to relocate without your agreement, you can apply to the court for an injunction to prevent the move.

Timing matters here—if you’re concerned about relocation, seek legal advice early. Courts take a dim view of a parent who relocates without notice or agreement, especially if it disrupts the child’s routine or support network.

Key takeaway: You can challenge a relocation if it negatively affects your parenting time—early action gives you more options.

What happens if you relocate without permission?

Relocating without agreement or a court order can backfire. The other parent may apply to the court for a recovery order to have the child returned. This can be a stressful process and may harm your credibility in future court proceedings.

If there are safety concerns (such as family violence), these should be raised in court before any move. The court can then consider appropriate protections for you and your child as part of the relocation decision.

Key takeaway: Moving without legal consent can lead to serious consequences—always seek legal advice before relocating with your child.

Getting legal advice on relocation and custody

Relocation and custody matters can be complex, especially when emotions run high. Whether you’re considering a move or responding to one, speaking with a family lawyer can help clarify your rights and options. They can also help you prepare any court applications and negotiate workable parenting arrangements.

Remember, the focus should always be on your child’s well-being and maintaining stability in their life, regardless of your personal circumstances.

Relocating with your child after separation is possible, but it requires thoughtful planning and often legal intervention. Whether you’re seeking consent, applying to the court, or responding to a proposed move, understanding the law gives you a clearer path forward.