The circumstances where a mother is able to relocate their child is a commonly asked question about family law. Such cases are often difficult for the court to decide because the Family Law Act does not have any specific provisions which deal with relocation. Therefore, this article aims to provide a quick guide on this frequently asked question regarding the circumstances where a mother is able to relocate a child
According to the Australian Institute of Family Studies, 57% of relocation applications have been approved. Accordingly, this tells us if the prospects of your case are reasonable and it is in good conscience right to do so– relocation is a matter worth pursuing.
Primary Considerations
The court first considers the benefit of the child having a meaningful relationship with both parents. This involves considering the impact on the proposed relocation, balanced with the ability of the child to maintain a relationship with the parent who is not relocating.
Secondly, the court will consider the need to protect the child from being subjected to physical or psychological harm, family violence, abuse or neglect. This is highly relevant if the parent seeking to relocate can demonstrate that it is in the best interests of the child to live further away from the parent not relocating for the safety and well-being of the child
Other Considerations
These considerations, while also very important, are often attributed less weight by the court in determining the circumstances where a mother is able to relocate a child:
- The views of the child, and their level of understanding and maturity
- How involved the non-relocating parent is in the life of the child – the court is typically more inclined to grant relocation if there is a history of family violence, or that parent has little to no contact with the child/
- The reasons why the parent wishes to relocate – this can be anything such as job prospects, a romantic relationship (moving in together) etc.
- The willingness of each parent to encourage and facilitate a relationship between their child and the other parent
- Whether technology such as skype and zoom, or even telephone contact is adequate to maintain a meaningful relationship between the child and non-relocating parent
- The competing proposals of each party, and the merits of those proposals
- The happiness and mental health of the relocating parent
- Balancing the relocating parent’s freedom of movement with the best interests of the child
- Whether the mother seeking relocation of the child has family or a relationship in the existing, and new location
- If there are other children involved
- The difficulty of the non-relocating parent spending time with or communicating with the child
- Whether each parent has previously abided by their parental responsibilities such as paying child support
- The financial implications of the move – whether positive or negative
- Any career opportunities for the parent seeking to relocate in the new location
Factors of a Successful child relocation case
As previously stated. the primary consideration the court will take into account in determining whether the mother is able to relocate their child is whether the relocation will be in the best interests of the child.
Based on past cases determining whether the relocation is in the best interests of the child, the court will typically attribute considerable weight to the factors such as those outlined below.
Successful relocation circumstances for mothers typically involve:
1. The father presently has no time or very limited time with the children.
1. The mother has family support where she is seeking to move, and little to no family support where she is currently residing
2. The mother is experiencing financial difficulties where she is currently living, and the relocation destination has either more financial support or job opportunities.
Final Thoughts
The court considers many factors but does not provide any specific guidance on how much weight is to be attributed to specific factors. It is important to note that each case is decided upon their own unique facts to help conclude whether the relocation of a child is in the best interests of that child.
Importance of Seeking Legal Advice
It is important to note when circumstances arise that a mother is seeking to relocate their child that they should first seek legal advice, and discuss the matter with experienced family lawyers to provide guidance on what the best course of action to take is.
Here at JB Solicitors, we’ll make the process as pain-free as possible. We have fixed-fee pricing for family law, giving you a clear sense of the costs from the start and will be sure to help you out every step of the way. With years of experience under our belt, we pride ourselves in making each client’s family law experience as positive as possible.
Contact JB Solicitors today to speak with one of our friendly and experienced family lawyers.
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