You have just separated, or are thinking of separating from a partner. One of the common questions that follow a separation is “Can I move with My Child”. You could be thinking of moving with your job, for a job, or for a change of scenery and lifestyle for your child.
Unfortunately, separations are rarely straightforward, meaning to answer this question is not straightforward. Child relocation is one of the most sensitive questions to answer regarding separation, because whoever answers the question has to balance the parent’s right to make their own life decisions with the child’s right to know and foster a relationship with both parents. You may be able to relocate with your child, but whether you can do so depends on your circumstances, existing parenting agreements, and whether or not the other parent agrees. Even for better schooling for the child or a better location, or for more support, the other parent, or the court, would have to be contacted.
So, Can I Move with My Child?
If a proposed move would affect the child’s relationship with the other parent, it may become a relocation matter. Parents should attempt to reach an agreement, but if they cannot, either parent could request the Federal Circuit and Family Court of Australia to make parenting orders concerning the proposed relocation. Relocation of a child, in Australian law, is the movement of a child in a way that would greatly impact visitation from the other parent. Think of moving interstate, to a different region, or even out of Australia.
For the smoothest transition, if relocation is being considered, both parents would be able to reach some level of agreement. Since this is a sensitive topic however, agreements are not always reached. If the court is needed, here is what they will take into consideration:
- The reason for the move – if the reason to move is genuine (such as a job or for familial support) or not
- The impact on the relationship with the other parent – if meaningful contact with the other parent can continue after relocation
- How easy (or difficult) keeping contact will be after the relocation – if contact can be practically adjusted after the relocation (think time zone changes)
- Current parenting agreement and plan – who is the primary caregiver to the child; how much time is allocated with both parent
- Child’s view and interest – depending on the age and maturity of the child, their views may be considered.
An important thing to note: If neither of these conditions (the other parent’s agreement or a court order) are met and relocation happens, the court could order the child’s return. Moving without reaching an agreement can also hurt you case, if you are later taken to court for additional parenting matters.
Wanting to move with your child? Here are the steps you should take before packing up:
- Discuss with the other parent early in decision making
- Discuss how the other parent could keep in contact and maintain a relationship.
- Go to family dispute resolution if there are disagreements about the relocation.
- Get law advice from our family lawyers, if needed
- If lawyers are not needed, and an agreement between parents is reached, getting a consent order can protect all parties legally against later disputes.
It is also important to note that even in doing all these steps, relocation might not be granted. However, it is still in your best interest to take all these steps. It will demonstrate good faith to the Court.
Contact our family lawyers today, or read more in a relocation case study, if you are in need of answers.
