How to Get a Relocation Order Through the Family Court to Move With Your Child

When a couple separates and there are children involved, it is common for each party to establish homes in close proximity to their ex-spouse. However, there may be instances where one parent wishes to move with their child a much greater distance, like to a different state, or even overseas. When a parent plans to relocate with their child, significant thought and consideration must go into this decision. Is it in the best interest of the child? Did you seek permission from the other parent? Will relocating impact the child’s relationship with the other parent?

Your unique situation may result in you seeking a relocation order from the Family Court. Here’s everything you need to know about relocation orders in Australia

 

What is a Relocation Order?

In Australia, a relocation order occurs when the Family Court makes a decision that either allows or prevents a child and parent from moving away from the other parent, whether that is to another city, state or country. This order is equally sort after by both parents; the parent that wishes to relocate and the parent that wishes to stop a relocation.

 

Should You Apply For a Relocation Order Through the Family Court First?

Before applying for a relocation order through the Family Court, it is recommended to first seek permission to relocate with the child. If the other parent agrees to the move, then both parents can make arrangements as to when the child can see that parent once relocated. Often, these arrangements will focus on the child spending a significant amount of time with the ‘left-behind’ parent during school holidays. In some instances according to the Federal Circuit and Family Court of Australia, the ‘left-behind’ parent may also choose to relocate.

We recommend parents use collaborative methods such as Mediation or Collaborative Law to come to an agreement in this situation. Methods like these, where a neutral third party is involved, generally help people reach longer lasting and child focused agreements. If both parents are unable to agree on the relocation, then either party will be able to apply for a relocation order through the Family Court.

 

How to Apply for a Relocation Order Through the Family Court?

If your unique case requires you to make an application to the Court seeking permission to either relocate or stop a relocation, it is best to speak to an experienced family lawyer for legal assistance.

Once you have applied through the Family Court, the court will look at the following considerations before making a final decision based on the best interest of the child:

  • The views of the child – provided they are old and mature enough to express a view;
  • The child’s interests in having a meaningful relationship with both parents;
  • The need to protect the child from physiological or psychological harm or from being subjected to or exposed to abuse, neglect or family violence;
  • The child’s relationship with other family members such as grandparents;
  • How far the relocation is from the other parent;
  • How the relocation is likely to effect the child’s circumstances, for example, their education and extra-curricular activities; and
  • Anything else the Court considers is relevant.

The Family Court may also look at:

  • The reasons for relocating, for example, employment opportunities, better family support or a new partner;
  • The potential cost and difficulty for the child to spend time with the ‘left-behind’ parent;
  • The possibility of the ‘left-behind’ parent also relocating; and
  • The family network in the new location and the existing family network in the original location.

All of these considerations always focus on the wants, needs and best interests of the child rather than the parents.

 

What If a Child is Relocated Without an Order?

Should the relocating parent decide to move with their child before gaining consent from the other parent or a Relocation Order, the ‘left-behind’ parent can apply to the court for a Recovery Order. This application is a request for authorities such as the Australian Federal Police to find and recover the children.

Under section 67Q of the Family Law Act 1975, this order can be made by the Court requiring the child to return to:

(i) a parent of the child; or
(ii) a person with whom the child is to live under a parenting order; or
(iii) a person with whom the child is to spend time under a parenting order; or
(iv) a person with whom the child is to communicate under a parenting order; or
(v) a person who has parental responsibility for the child;

 

Do You Need a Relocation Order For Domestic and Overseas Travel?

While it is necessary to seek permission from the other parent regarding domestic and overseas travel, a relocation order through the Family Court is not required. If you plan to travel domestically, the travelling parent must first inform the other parent of their plans as a matter of courtesy.

However, if there is a court order in place, it is vital to communicate with the other parent and obtain their consent before any travel. Without this consent, the travelling parent may be in breach of court orders.

As for international travel, the travelling parent must first obtain either formal written consent from the other parent or a court order permitting the child to travel. If the travelling parent fails to obtain either of these permissions, then it becomes a criminal office under section 65Y of the Family Law Act 1975.

If the non-travelling parent refuses to agree to your travel plans, the travelling parent does have the option to apply to the Family Court for approval. The Courts will generally permit a child to travel, especially overseas, as long as they are satisfied that the child will return on the intended return date.

 

Speak to Pullos Lawyers About Your Relocation Order Through the Family Court

If you require any legal assistance applying for a relocation order through the Family Court system in Australia, we can help. Our family lawyers are experienced in dealing with a variety of family law issues, including separation & divorce and international family law. Please get in touch with our lawyers today via email, or call us in our Gold Coast office on (07) 5526 3646, or in Brisbane on (07) 3144 1641.