Are Separated Parents Permitted to Relocate?

In many cases a time will come when a parent may wish to move home with their children. This move could be to the next suburb, the other side of the state, interstate or even overseas. Is a parent permitted to relocate?

As long as the proposed move does not impact the other parent’s ability to maintain the same level of contact with the children, either parent can choose to move house without the permission of the other parent. However, when the move is going to impact the other parent’s time and relationship with the children, unless the party has the consent of the other party, he or she cannot relocate with the children.

If a party who wishes to relocate does not have the consent of the other party, an application must be made to the Federal Circuit and Family Court of Australia. The Court in considering your application may take into account the following factors:

1. Is the party seeking to move to their/her hometown or place where they have family support
2. Does the party have little to no family support in the place where they are currently living
3. The party may have financial difficulty supporting themselves where they are living
4. The party may have more financial support or job opportunities in the place where they are seeking to relocate
5. The other party may have very limited time with the children.

Ultimately, the Court will consider what is in the best interests of the children. Relocation can cause a lot of instability in the children and requires several major adjustments for them, including a new home, new school and new friends.

In a recent case, a father successfully appealed against orders which permitted the mother to relocate interstate with the children. In the case of Loverdos & Bonner [2022] FedCFamC1a 174, the mother sought orders which would enable her to relocate the children’s residence from Sydney to Brisbane. The primary Judge made an order permitting the mother’s relocation and that the father spend alternate weekends with the children. If the father moved to Brisbane, then he would spend five nights with the children a fortnight. The father appealed.

The appellate division of the Federal Circuit and Family Court of Australia noted that the primary judge failed to appropriately consider whether equal time was in the children’s best interests, and if not, whether substantial and significant time was in their best interests. It was further noted that the primary Judge’s Orders were not in line with the single expert’s recommendations against reducing the children’s time with the father. The single expert noted that the children were connected and valued their relationship with each of their parents and would grieve the loss of connection with their father. “A separation from either parent would mean the loss of the benefits to these children of shared care”. The father was successful and the mother was not permitted to move the children to Brisbane.

Has this article raised questions for you? Call Solari and Stock on 8525 2700 to speak with one of our Solicitors or click here to request an appointment with one of our experienced Family Law Team. Make sure to mention ’30 minutes free’, when you are booking your appointment, to get the first 30 minutes of your consultation for free.

Article by Shweta Kumar
Photo by HiveBoxx on Unsplash