Not without legal risk — and in most circumstances, not at all without either the other parent’s agreement or a court order. Relocating interstate with a child after separation is one of the most serious actions a parent can take under Australian family law. Doing it unilaterally can have significant legal consequences, and getting specialist advice before making any move is essential.
Where parenting orders are in place
If there are current parenting orders in place, relocating interstate without the other parent’s consent would almost certainly constitute a breach of those orders — potentially a serious one. A parent cannot unilaterally vary the terms of a parenting order by moving. The correct process is to either reach a new agreement with the other parent and formalise it, or apply to the court for permission to relocate before making any move.
Where no orders are in place
Where there are no parenting orders, the position is less immediately clear — but no less serious. Under section 65DAA of the Family Law Act, both parents retain parental responsibility and decision-making rights unless a court orders otherwise. Relocating a child in a way that significantly disrupts their relationship with the other parent may prompt that parent to apply urgently for orders — including orders requiring the child to be returned. Courts take a dim view of unilateral relocation, and the fact that orders were not in place at the time is not a defence.
What the relocating parent should do
A parent who genuinely needs to relocate — for employment, family support, health reasons, or other legitimate purposes — should take the following steps:
• Notify the other parent as early as possible and attempt to reach an agreement on new arrangements
• If agreement is reached, formalise it through consent orders before moving
• If agreement cannot be reached, file an application in the Federal Circuit and Family Court of Australia seeking permission to relocate
• Do not move in advance of a court order or consent orders — courts regularly make return orders against parents who relocate first and litigate second
Questions to consider
• Are there existing parenting orders that would be breached by an interstate move, and has the parent sought legal advice on the contravention consequences before proceeding?
• Has the other parent been notified of the proposed relocation, and has there been any attempt to reach an agreement on new arrangements before approaching the court?
• What are the practical considerations — the child’s schooling, the distance involved, the frequency of travel — that will need to be addressed in any new parenting arrangement if the relocation proceeds?