Child Relocation Family Law
Following a separation, it is not always easy to create a co-parting arrangement that works in the best interest of the child. When you and your former partner share the responsibility to raise your children after divorce, this is referred to as co-parenting. Through cooperation and shared responsibilities, these kids do best. Often, parents will have homes close to each other or close to the child’s school to make it more manageable for the kids. However, one parent can sometimes wish to move interstate or a significant distance away. This is referred to as ‘relocation’ in Family Law. If a parent is planning to relocate, they will usually need informed consent of the other parent. Family Court can also intervene in some circumstances, where a court can permit relocation if the parties cannot reach an agreement.
If you or your partner are looking to relocate your child or children, you should seek legal advice before making any significant changes. At Le Brun & Associates, our Family Law experts are dedicated to offering personalised support and representation to your specific situation. As every relationship is different, we will offer you expert guidance, so you know where you stand.
Can You Move Out of State After a Divorce with Kids?
If you and your former partner share equal parental responsibility, you should try and reach an agreement before making any decisions. Following a separation, you must obtain consent from the other parent prior to relocation. If you and your former partner cannot reach an agreement, you will need to file and application to the court to seek consent for relocation.
Relocation can be complex and complicated. It is best to enter a written parenting plan or to apply to the court for consent orders. If there are relocation orders, moving may breach the order which can result in the other parent enforcing the order. If you believe this may affect you, it is best to seek the advice of a family lawyer.
Is Relocation in the Best Interests of the Child?
In Australian law, all decisions made, and actions taken are in the best interests of the child – in fact, they are the ‘primary consideration’. The Court outlines two primary considerations when it comes to the best interests of the child. The first is the benefit of maintaining a relationship with both parents. The second is the obligation to protect the child from psychological and physical harm through preventing exposure to abuse, neglect or family violence.
The objective of the Family Law Act is as follows:
“To ensure that children receive adequate and proper parenting to help them achieve their full potential, to ensure that parents fulfil their duties and meet their responsibilities concerning the care, welfare and development of their children.”
A few additional considerations are made such as the age of the child, the role of extended family members, or if relocation can affect a parent’s ability to care for their child. These are only a few factors that the Court will consider, however there are many more. Seeking the advice of a Family Law expert can benefit your situation, whether you want to relocate your child or if your former partner is relocating your child. The sooner you can address these considerations, the more informed you can be about your options or steps to move forward.
How to Get Permission to Move Out of State with Child?
As mentioned, the Court makes the decision regarding relocation by deciding what is in the best interest of the children. In 2000, the Family Court outlined it reasons for relocation in A v A: Relocation Approach. The Court stated that a parent does not need a compelling reason to relocate, however a case was won or lost on the reasons behind the move and how clearly, they are argued to the court. The Court will then weight up the various reasons and proposals and conclude what is in the best interests of the child.
If a parent is considering relocation or they become aware that their former partner is considering relocation, you should seek advice from a family lawyer immediately. When it comes to relocation and Family Law, the earlier you get the advice of a lawyer, you will be able to strategise your case. In these cases, you might be able to better argue for the reasons for relocation or restraining the other party from doing so.
Learn More About Child Custody Relocation Laws from an Attorney
At Le Brun & Associates we believe that no two scenarios are the same, so we are committed to providing personalised advice for every situation. Not only is every child different, but every parent and family are different. As such, there are a wide range of outcomes that a Judge can determine are in the best interests of a child. Relocation is often a complex and complicated Family Law issue, so it is best to consult a knowledgeable lawyer. The way that a parent approaches this situation can likely affect the outcome for them. Our team is able to advise on the prospects of a parent that wishes to locate or whether your ex-partner wishes to relocate. Contact one of our experienced family lawyers by calling or booking in an obligation free discussion about relocation.
FAQ
Moving to a different state with children is referred to as ‘relocation’ within Family Law. You should seek legal advice if you are considering a move out of state with your children – particularly if you do not have the other parent or guardian’s agreement. If you do not have agreement from the other parent or guardian, and they apply for a court order, you will likely be ordered to return the children.
The Court decides if relocation will be in the best interests of the child. This consideration is of the upmost importance when making the final decision. There are a few factors that come into consideration when deciding relocation, so it is best to consult a Family Law expert. A Family Law expert will help strategise your case and work with you to understand your situation and goals.
If you are looking to move out of the state, you should speak to the other parent of the child or children. It is not advisable to make any large moves unless you have given notice of your intention and discussed relocation with the other parent. It is your obligation as parents to discuss matters related to your child’s best interests and arrangements before making significant changes.
There may be restrictions in place if you have a parenting order with your former partner. By moving away with your child, you might not be able to meet these requirements. Your children may not be able to spend time outlined with the other parent or family members under this order. If you have sole custody and parenting orders may apply to your situation, it is best to seek the advice of a Family Law expert.