After separation or divorce, a parent might decide to relocate like the mother moving away with child to a different state or overseas. Situations where one parent wants to move to a different state or overseas are called “relocation cases” in family courts.
One might think that relocation situations need both parents to agree to the relocation as this will otherwise leave the other parent yearning for their child. Family Courts, for example, have the power in allowing a mother moving away with child or children, even if the father opposes it. The Court may use this power if they deem it necessary.
These are frequent and difficult issues for Australians since reaching a compromise can be rare, if not impossible. Either the parent who wishes to relocate is permitted to do so, or they are not. When parents are unable to reach an agreement, the decision must be made by the Court.
It might take anywhere from two to three years to get to the stage of having a judge hear a case, and it can be fairly pricey for both parents too. Relocation cases like the mother moving away with child can also be difficult for a judge, as both parents may have opposing plans, but have good and legitimate reasons of their own.
Relocating With Children
When it comes to moving with children, there are certain laws to follow. Even if there are no court orders in effect, these laws apply. If partners share equal parental responsibility for their children, they’ll need to communicate with each other and try to come to an agreement on crucial long-term decisions that will affect the children.
This includes moving with children if the distance will have a major impact on their ability to form meaningful relationships with the other parent or other caregivers. If this occurs, a parent may seek a court order to stop the parent or mother moving away with child or have the children returned.
If both partners can’t come to an agreement, they might have to go to court to get permission to move with the kids. The court must weigh whether the move is in the best interests of the children, and also consider the parent’s right to move.
Mother Moving Away With Child: Factors To Consider
When preparing to relocate, keep in mind that there is no certainty that the children will be permitted to do so. Because there are no court orders in place, one shouldn’t assume it’s safe to move with children. Here are some considerations to take into account:
The Child’s Opinion
Are the children old enough to decide whether they do or do not want to relocate to a different state or overseas? Children’s feelings are often neglected, so their opinions should be taken into consideration. It is also worth noting how close they are to both of their parents.
Where do the child’s family members reside? Do they also play a significant role in the child’s life? What if the family doesn’t want cases like the mother moving away with child or children? A family’s opinion should also be noted as their relationship with the children will be affected.
Relocation comes at a huge price especially considering travel expenses, living expenses, and the parent’s capacity to care for the child. Will the relocation affect the standard of living of the child?
Evidence Of Family Violence
Mistreating a child is a grave offence, especially when there is evidence of family violence. There also might be cases of apprehended violence orders (AVO) in the partners’ relationship and this can affect the relocation.
If there is an issue that the Court believes it should address, it will take into account all of the aforementioned factors, as well as others. After examining all of the relevant circumstances, the Court will determine whether or not relocation is ultimately in the best interests of the children.
Every child, every parent, and every family is unique, which means that in these types of situations, a Judge can determine a wide range of results that are in the best interests of the child.
Mother Moving Away With Child Without Consent
There are cases of child abduction in Australia and this happens when one parent takes their child without consent from the other parent. In cases of the mother moving away with child or children without the other parent’s knowledge, the parent can seek a location order to learn where they are.
Individuals or government agencies might be ordered by the court to seek information regarding their whereabouts. Centrelink, for example, may be aware of the whereabouts of the parent with the children. If the court determines that it is in the best interests of the children, they can order that they be restored to the parent.
If the parent’s children are removed or moved inside Australia and it interferes with their capacity to have a meaningful relationship with them, they can seek a recovery order from the court to have them returned. Returning children is normally handled by the Australian Federal Police, however, it can also be handled by state police.
Participating in a family mediation may be beneficial in assisting with the development of new arrangements that allow and encourage the children to keep close relationships with the other parent, grandparents, and other relatives after they have relocated.
In the case of Campbell and Hall (2019), the mother relocating to a different suburb was clear, but she agreed that the child also enjoys her time with the father, and so, a successful mediation was made by both parties in having equal shared parental responsibility for their child as well as having timely visits with the father.
Legal Advice On A Parent Or Mother Moving Away With Child
What if a parent refuses to settle disputes with proper mediation? Instead of going to court, our mediation services with JB Solicitors’ family lawyers will help your resolve all conflicts and disputes, and will further help you and your former partner to reach a satisfactory agreement. This is an effective method of resolving disputes as going to Court is going to cost more.
We provide clients with services that utilise major corporate firms’ high-quality competence and experience, and a small firm’s ability to offer individualised attention and accessibility to each client – making us a standout law firm.
Book a consultation with our experienced team today