Relationship breakdown with children (relocation matters)

Relocation is an issue that you may face in your family law matter.

Where there are no Court Orders in place, there is no legal reason why a parent cannot relocate with the children.  However, it is important to be aware that the other parent may make an Urgent Application to the Court to try and stop the relocation from occurring.

When considering an Urgent Application of this kind, the Court will look closely at the reasons put forward for the relocation. The paramount consideration is always what is in the best interests of the children, but a few more specific considerations include:

1. The need for family support.

2. Career and work opportunities.

3. The impact on the child’s schooling and day-to-day routine.

4. The impact on the time the other parent is able to spend with the child.

5. Family violence.

In such a family law matter, it is important, if you are considering relocation, to prepare well and obtain advice in advance. Relocating without good reason may be problematic and a court may order that you return and/or the child return until a final court hearing takes place.

If you are making or opposing a relocation application, you need to demonstrate that you have made arrangements for the children’s future in terms of their schooling, ongoing time with the other parent, child care, family supports and similar practical considerations.

SMR Legal Pty Ltd