Realities of Relocation

Relocating with your child — or responding to a former partner’s plans to move — is one
of the more emotionally and legally complex issues in family law. Relocation issues touch
on the most sensitive parts of family life: children’s safety and wellbeing, meaningful
relationships, logistics, emotions and change.

If you are thinking of moving — such as for work, family, or lifestyle reasons — or if your
ex-partner is proposing to move, you should first get appropriate legal advice. It’s not
simply a matter of packing up and relocating.

In this article, we have provided some general information about relocations and what the
Court might consider when deciding a relocation case.

What is a relocation?

Relocation typically means a change in a child’s place of residence. Depending on the
distance, a relocation can significantly affect how much time a child spends with the non
re-locating parent due to the logistics of travelling and managing a child’s everyday life.

If moving will significantly impact the time a child spends with the non-relocating parent, it
may be the case that the non-relocating parent will object to the move. If there is no
agreement, the only recourse available to the parents might be to make an application in
the Federal Circuit and Family Court of Australia.

What the Court looks at when deciding a relocation request

Generally speaking, where a relocation will significantly impact the time a child or children
can spend with the non-relocating parent, the Court might be hesitant to agree with the
move. However, relocation cases are context heavy and dependent on the facts — there’s
no ‘one size fits all’ approach.

When making a decision, the Court will examine many factors. Some of the key ones
include:

• Is there an existing Parenting Order or agreement? If yes, can the move work within
  those existing arrangements, or does everything need to change?
• What is the impact on the children — schooling, friends, stability, emotional
  wellbeing?
• What is the effect on the non-relocating parent’s ability to maintain a meaningful
  relationship with the child?
• What are the reasons for the move? (Work, family support, safety, lifestyle, etc.)
• Is there a history of family violence or abuse?
• Has the relocating parent prepared a proposal for how time/communication will still
  work between the child and the other parent?
• Has the relocating parent taken steps to negotiate with the other parent and/or
  engaged in family dispute resolution?

Overall, the Court’s primary objective is to make orders which are in the best interests of
the children.

What can you do now?

Whether you’re the parent wishing to relocate or you’re the non-relocating parent facing
this possibility, here are some practical steps to consider:

If you’re the relocating parent:

• Don’t just move – talk to the other parent well ahead of time if possible and see if
  you can work out a mutually beneficial arrangement.
• Prepare a written proposal: why you want to move, how the child’s
  schooling/friends/community will be supported, how the non-relocating parent’s
  time and communication will be maintained.
• Consider mediation or counselling to try to reach agreement before going to Court.
• Get legal advice early. You’ll need to factor in how the Court might approach your
  proposed move, if agreement cannot be reached.
• Generally it is best to avoid relocating unilaterally (without consent or a Court order)
  — doing so may breach any existing orders and cause legal complications or
  enforcement such as a recovery application by the non-relocating parent.

If you’re the parent who may be left behind (non-relocating):

• Take the proposed move seriously and get legal advice about your rights and how
  a move might affect your relationship with your child.
• Respond to proposals quickly. It helps if you gather your thoughts: how the move
  would impact your relationship with the child, logistics, and how you might still
  maintain meaningful contact.
• Think about whether you’re willing to negotiate new arrangements around how
  much time you’ll spend, changeover logistics, and communication.
• If you oppose the move you may need to file an application to stop the relocation
  or to have conditions imposed (for example, restricting how far away the child may
  move).

 

Next steps

With the right information and preparation, you can navigate the relocation process with
greater clarity and confidence. The team at Hartleys Lawyers helps many families in
Melbourne and Victoria through parenting matters including interstate or international
relocation.

If you or someone you know wants more information or needs help or advice with their
family law matter, please contact our Intake team on (03) 8415 5600 or email us at
reception@hartleyslawyers.com.au.

This article is intended to provide general information only and is limited to the Victorian
jurisdiction only. You should obtain professional advice before you undertake any course
of action.

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