It is not uncommon for a parent to decide that moving interstate with child after separation is the best plan of action. They may also take the children overseas. In family law, this is “child relocation.” It is a crucial topic to discuss.
Child relocation can have impacts on the child’s living arrangements and relationship with the parent who is not moving. Therefore, no party can take this decision lightly. In this article, we discuss certain reasons why a former partner may decide that moving interstate with child after separation is necessary.
We will also explore the options that parties have should they decide to relocate with the child after a divorce or separation from marriage or de facto relationship.
Parent Moving Interstate With Child After Separation: Reasons to Do So
Let’s first understand why a parent may decide to relocate with his/her child following a separation or divorce from the former partner. It is possible that a party feels that they will have more support if they move.
For example, let’s suppose that a husband and wife have separated, and they generally live in Sydney with their child. The wife’s family is originally from Perth.
Following the separation, the wife may wish to move to Perth with the child so that she can have more family support. Another common reason is if a party feels they will have more financial security in another state or city.
For instance, let’s suppose that a woman finds a better paying job in a new state. If she has recently divorced from her husband, she may wish to move to the state with her child, and take up the new job.
Broadly, people may be motivated for moving interstate with child after separation for personal or financial reasons. It may also be so because of family violence by one parent.
However, it will not always be easy to relocate as the courts give paramount consideration to the benefit to the child of having a meaningful relationship with both his/her parents and other best interests of the child. This is also why parents generally have shared parental responsibility after a divorce or separation.
How Can A Parent Move Interstate With Child?
There are two ways in which the other parent can go about doing this. Firstly, and the more straightforward method would be to get the consent of the former partner i.e. the other parent.
If the other party is willing to adjust to the move, and make appropriate arrangements, the party who wishes to move should have no troubles.
But it is important in this case to make proper parenting plans and schedules so that the child is able to spend substantial time even with the parent who is not moving with them. It is very important for the child to spend equal time with both partners. Moreover, the child spending time with other family members is also important. This helps with the overall development and welfare of the child. It is in the best interests of the child.
If two parties are willing to make a written agreement, they can draft a parenting plan or consent order. Both of them will have parental responsibility of the child. Consent orders are legally binding so it may be more prudent to apply for consent orders based on your parenting plans.
Let’s suppose that Mr Kip and Ms Yolanda have recently divorced, and have a daughter Ms Lee. If Mr Kip wishes to move with Ms Lee in order to secure better employment, he will need to make proper arrangements with Ms Yolanda.
The daughter needs to have ample of time with Ms Yolanda – her mother – even after the interstate relocation with her father Mr Kip. Because of the uncertainty around such matters, many parties actually do not consent to such relocation. What can a party do in such a case?
Relocation Court Order From Family Court
Firstly, if two parties cannot make agreements themselves, they will need to attend family dispute resolution sessions or mediation sessions with family lawyers. Only if FDRS or mediation fails can parties approach the court for a relocation order.
During court proceedings, the family court will always analyse each matter in the context of the best interests of the child principle as mentioned in Section 66CC of the Family Law Act (1975). The will look at the child’s relationship with each party.
However, for court proceedings in relation to relocation matters and matters related to one parent moving interstate with child after separation, the court will need to consider some important factors. These include:
- The impact on the primary parent (who wishes to relocate) if they are unable to move interstate,
- The relationship of the child with both parents including how close the child is with each parent, and how the relocation can affect each relationship,
- The availability of support for the primary carer including financial support, emotional support and even for the child such as childcare
- All reasons in favour of the move, and all reasons against the move should be explained to the court,
- If there are alternatives that the primary parent can take rather than moving interstate with child after separation, or if it is possible for both parents to move
- How the parent will make travel arrangements so that the child can continue his/her relationship with the other parent. This also includes how travel costs will be paid for, and method of travel.
It is important for the parties to obtain legal advice so that they can strengthen their case and present it to the family court.
My Ex-Partner Has Relocated With My Child Without My Consent. What to Do?
Generally, two parties may have have parenting plans or consent orders to outline parenting arrangements. In other instances, parties may have parenting orders that order them to follow parenting arrangements in a certain way.
If a parent relocates with the child without the other parent’s permission, they are in essence, breaching the arrangement or order that is in place.
In such circumstances, the other party can apply for recovery orders in family law courts. In many instances, even the police (like the Australian Federal Police) may be involved in such matters as this is related to parental child abduction.
A parent cannot decide for moving interstate with child after separation without informing the other parent, and without taking their consent.
Contact A Family Lawyer For Legal Advice
Whether you are a party who is looking for moving interstate with child after separation, or a party who is opposing a move, it is important to obtain legal support from family law solicitors. Our lawyers can help you with:
- Drafting parenting plans and consent orders if both parties agree to the relocation
- Mediation and family dispute resolution in case of disputes to help both parties reach a satisfactory agreement
- Representation in Federal Circuit Court and Family Courts if matters escalate
Contact our team of lawyers for more information on moving interstate with child after separation or for information on costs involved.