To relocate a child is not an easy task for a parent. Usually, only one parent can relocate a child after divorce or separation. This is usually the primary caregiver in the relationship. However, such a parent must consider a few questions:
- Why is the location necessary?
- How will parents share parental responsibility and manage child support?
- Did the court approve the relocation of the child/children?
- How far away can the parent move with their child?
- What if one parent did not consent to the relocation?
As a primary caregiver, you need to ask yourself these questions to determine whether you can or if it is necessary to relocate your child. Yes, divorce is difficult and will involve children, not just both parents.
Let’s read on to learn more about how to relocate a child under Australian family law standards.
Why Prioritise the Child’s Best Interests?
Have you ever heard of this family law principle? If not, then it’s a good time to learn about it now.
The Family Law Act 1975 prioritises the child’s best interests in parenting and divorce matters. This means that the court has the legal obligation to protect children from physical or psychological harm, abuse, neglect, or family violence.
In the case of child relocation matters, it’s possible that the relocating parent may inflict abuse or harm on their children. As a result, this may affect their overall growth as individuals, which is one of the main concerns of the family court.
That’s why parents should think twice or thrice when they make decisions about parenting matters. Will the child still have a meaningful relationship with both parents after the relocation? What if one or both parents are abusive to the child? Will the relocation deprive the child of seeing important family members to them?
Why Does Child Relocation Occur?
Let’s look at some reasons why parents relocate with their children:
| 1. A parent gets a new job or career opportunity that will help with finances, like house bills and child support. 2. The other parent has a history of family violence, or that parent has little to no contact with the child. 3. Skype/Zoom/Messenger or even telephone contact is adequate to maintain the child’s relationship with the non-relocating parent or other significant people in the child’s life. 4. Both parents are willing to agree on the relocation and facilitate a parental relationship that works for them. For example, the moving parent will spend time with their child during school terms. Meanwhile, the other parent will spend time with their child during school holidays. |
Will Long-Distance Parenting Work?
Yes, it can! However, this will require both separated parents to exert effort, communication, comprehension, and understanding to make it work.
A deciding factor that can help long-distance parenting is to agree on equal shared parental responsibility (ESPR). Equal shared parental responsibility is a type of responsibility that separated parents are obligated to follow. More often than not, this is actually an ideal family dynamic for a child.
It’s like a math equation; equal parenting efforts = a happy child = the child grows and matures properly.
The Family Court sees that it is in the child’s best interests when both parents have ESPR. If both parents can communicate this in person, the better.
How Do You Legally Relocate a Child?
| If both parents agree on the relocation | If both parents cannot agree on the relocation |
| 1. Seek independent legal advice before opting for consent orders. These are orders that involve two parties that agree on parenting arrangements. 2. Afterwards, both parties can apply for consent orders. 3. Wait for the court to review your application. In this case, the family court will check if: – The arrangements are in the child’s best interests, and – There are no current proceedings that they need to deal with 4. Once the court finalises the consent order, there are certain circumstances where you can change the arrangements. Click here to see how. | If both parents cannot agree on the relocation, the moving parent can apply for a parenting order. This type of court order typically deals with parenting arrangements after a divorce. A parenting order can: – Grant permission to a parent to relocate a child with them; or – Prohibit the other party from relocating with a child. For example, Parent A can prohibit Parent B from relocating with their child within 20 kilometres of the child’s school. |
To Relocate a Child: Factors You Should Know
So, what works for you? Did you and your ex-partner agree on the relocation, or only one parent agrees to it? As previously stated, the court will take into account in determining whether a parent who will relocate with their child is in the best interests of the child. Typically, the court will review past cases to determine whether a relocation order is best for the child’s life.
They may include the factors below:
- The other parent has no time or very limited time with the children.
- The other parent has family support, and they will move. This is an important factor to consider, especially if they had little to no family support where they currently reside.
- There are financial difficulties where the other parent is currently living. Hence, the relocation destination has either more financial support or job opportunities.
- Assumed presumption of equal shared parental responsibility
Relocating a Child Without the Other Parent’s Consent
Sadly, some parents relocate a child without the other parent’s permission or knowledge. Why do they do this? Maybe they were desperate to move right away, or they were holding a grudge against the other parent.
Whatever the situation is, it’s illegal to relocate a child without the other parent’s consent. This may endanger the child’s best interests and, of course, cause legal matters to resurface. As we discussed, it is important to seek consent orders or parenting orders for a child’s proposed relocation.
If a parent relocates with their child without the parents‘ permission, then the other parent can apply for a recovery order.
We have an article about parental alienation, which is closely tied to parents who relocate a child without the other parent’s permission. Click here to read more.
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 about child relocation. It is important to note that each case is decided upon its own unique facts to help conclude whether the relocation of a child is in the best interests of that child.
Regardless, both parents must prioritise their child. They should not think what’s best for them, but what’s best for their child.
Importance of Seeking Legal Advice
It’s important to seek legal advice when a parent wants to relocate a child. Family lawyers have the best grasp of family law matters and will know how to approach such matters. Not only can they explain the legalities of parenting arrangements, but they can also help with how to craft a fair one. Sounds like a perfect lawyer for your parenting arrangement, right?
Here at JB Solicitors, we’ll make the parenting arrangement 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 we will be sure to help you out every step of the way. With years of experience under our belt, we pride ourselves on 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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