An interstate relocation application is a specific type of parenting application made to the Federal Circuit and Family Court of Australia. It is not a simple or quick process, and the outcome is never guaranteed. The court’s only guide is the best interests of the child — not the convenience, career prospects, or family circumstances of the parent who wants to move.
Step 1: Attempt to resolve the dispute out of court
Before filing any application, Australian family law requires parties to make a genuine attempt to resolve parenting disputes through family dispute resolution (FDR) with an accredited FDR practitioner, except in limited circumstances such as urgency or family violence. If agreement cannot be reached, the FDR practitioner will issue a section 60I certificate, which is required to file a parenting application in court.
Step 2: File an Initiating Application
The parent seeking to relocate files an Initiating Application in the Federal Circuit and Family Court of Australia, supported by an affidavit that sets out the reasons for the proposed move, the proposed new parenting arrangements, and how the relocation serves the child’s best interests. The application must propose how the child will maintain a meaningful relationship with the non-relocating parent — including how changeovers, travel costs, and time will be managed.
Step 3: The court process
A relocation matter will typically proceed through the following stages:
• First return date — an initial mention or directions hearing where procedural orders are made
• Family report — the court will almost always order a family report, prepared by an independent social worker or psychologist, which includes interviews with both parents and the children and makes recommendations on what arrangement best serves the child’s interests
• Interim hearing — if the relocation is urgent or a party attempts to move before final orders, the court may hear the matter on an interim basis to maintain the status quo pending final resolution
• Conciliation conference or trial — many matters settle at conciliation; those that don’t will proceed to a final hearing before a judge
How long does this take?
Contested relocation matters can take 12 to 24 months or more to reach a final hearing, depending on the court’s caseload and the complexity of the dispute. This timeline is a significant practical consideration: a parent who has a genuine and pressing reason to relocate — a new job with a start date, a family member needing care — needs to plan well in advance and seek advice early. Courts do not look favourably on applications filed at the last minute or, worse, after the parent has already moved.
Questions to consider
• Has family dispute resolution been attempted, and has a section 60I certificate been obtained — or is there a basis to bypass the FDR requirement (such as urgency or family violence)?
• What are the specific reasons for the proposed relocation, and how compelling are they likely to appear to the court compared with the impact on the child’s relationship with the other parent?
• Has the applicant prepared a realistic and detailed proposal for maintaining the child’s relationship with the non-relocating parent — covering time, travel, and cost — that could be presented to the court or used as a starting point for negotiation?