Child relocation after Separation

The Family Court of Australia hears many applications each year of parents seeking to relocate with their children against the wishes of the other parent, often to be closer to family support, for a re-marriage or for employment opportunities.

In doing so, the Courts must consider the best interests of the child. As such, each case is decided on its own circumstances. The Courts determine what is in a child’s best interests by considering the factors set out in the Family Law Act 1975 (‘the Act’), particularly the primary considerations found in Section 60CC(2) being:

• the benefit to the child of having a meaningful relationship with both of the child‘s parents; and
• the need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.
  

Among the additional factors in the Act, and particularly relevant to the issue of relocation is:

• the practical difficulty and expense of a child spending time with and communicating with a parent and whether that difficulty or expense will substantially affect the child’s right to maintain personal relations and direct contact with both parents on a regular basis.

If you are wanting to Relocate – Try to Reach Agreement

If you want to move away to another town or city with the children, then as with any parenting matter, it is always best for you and the other parent to try to reach an agreement about the future living arrangements for the children. In most relocation matters, it is difficult for an agreement to be reached as it means that the other parent may lose time that they would normally spend with the children. It may also mean that they will not be able to be a significant part of the children’s day to day life. Despite the difficulties, all steps should be taken to try and reach an agreement.

Process & Procedure – Dispute Resolution

There is a requirement for parties to participate in the family law dispute resolution process before commencing parenting proceedings. There is an exception in circumstances of urgency or where there are grounds that make it inappropriate to mediate (for example where there is a history of family violence).

Once the parties have participated in the family law dispute resolution conference, if they have not been able to reach an agreement, then they will be issued with a s60I certificate. This certificate is valid for 12 months and is required for a party to commence Court proceedings.

Going to Court

If you need to apply for a Relocation Order, it is important to have a very clear plan about the proposed move and why the move is in the best interests of the children. This plan should include evidence and information about the following:

• Why do you want to move with the children?
• Where do you want to move to?
• Who is going?
• What will your financial circumstances be available if you were to move?
• Where specifically you will you live?
• What are the costs of the proposed move?
• How do you think each of the children will feel and cope with any proposed change?
• And very importantly, what arrangements do you propose for the children to maintain a relationship with the other parent?

As relocation cases are one of the most difficult family law situations that the Court deals with, legal advice from experienced family lawyers is essential. At Solari and Stock, we have a team of 4 Family Lawyers who have many years of specialised expertise in relocation matters.

To book your 30 minute free consultation, completely obligation free, contact Solari and Stock Miranda 8525 2700 or click here to request an appointment.

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