What Are the Legal Implications of Relocating with Your Child? | Advice from a Family Lawyer

If you have separated from your partner but have a child together, you’ll probably have some pretty strict rules in place about how much time your child spends with each of you. When one parent wants to move and take the child with them, it can create a delicate situation that is difficult to resolve fairly without professional legal assistance. At Bentley’s Barristers and Solicitors, we know the ins and outs of child relocations and are here today to help you navigate this stressful process so you can arrive at the outcome that is best for your family. If you are considering relocating your child, this blog will tell you everything you need to know.

How is Relocation Defined by Law in Australia?

According to The Federal Circuit and Family Court of Australia, relocating refers to when a parent and child move to another town, state or country without the ex-partner. Relocating usually needs to happen with the permission of the non-relocating parent, unless factors like family violence are at play, and if both parents cannot agree then the process will make its way to the courts for a final decision.

If one parent tries to relocate without the permission of the other, then the parent that has been left behind will be able to apply for a restraining order (to keep the child in place) or a recovery order (to have the child returned).

If you find yourself needing a child custody lawyer in Melbourne, you can trust Bentley’s Barristers and Solicitors to help you and your ex-partner reach an agreement that is in the best interests of your child.

How the Courts Decide on Whether Your Child Can Be Relocated

 If you wish to relocate your child and you and your ex-partner cannot agree on the matter, then there are a few different factors that the Court will take into account to create applicable parenting orders.

How will the move affect the child’s relationship with both parents?

Across Australia, most courts will always try to make sure that both parents are able to have a deep and meaningful relationship with their child, as long as it is in the child’s best interests. While this doesn’t always mean that parents have the right to have their child (or children) spend equal amounts of time with both of them, it does mean that both parents should have access to their child for holidays, school and important events.

If, by relocating, you are making it much harder for the other parent to have access to your child, then your request to relocate may not be granted by the courts. This may not be as much of an issue if you are just moving to another town, but longer interstate trips and overseas relocations will almost certainly make it much more difficult for the parent that has been left behind to stay in meaningful contact with their child.

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Will the child have support from extended family in the new location?

Extended family support is also important when considering a relocation. Upon relocating, will your child still have access to their grandparents, aunts and uncles, cousins and godparents? If not, then this may be weighed against you.

This family support may be particularly important if they have been providing the child with support in their current location. If the Court finds that your child may suffer without the emotional or financial support provided by extended family, then they may rule that it isn’t in their best interest to move.

How will the child’s schooling and social life be affected?

As they grow up, having a quality education and a stable social life are very important for your child. Relocating can be very stressful for children with established school and sports friends, as if the distance is too great (such as across state lines), then they risk never seeing these acquaintances again.

If your child has taken strongly to participating in their local community, like in sporting clubs or game groups, then they may be less willing to relocate, which the Court will take into account.

Is there a risk of family violence?

If there are risks to the child’s safety at their current or new location, then this can heavily affect whether permission to relocate will be given. If there is any evidence of violence, then the courts will always prioritise the child’s safety above all other factors.

If relocating away from their current location will remove the threats of family violence from the child, then the Court will be much more likely to grant the request. Conversely, if there is a history of violence with the moving parent, then it will be much harder for the relocation to be permitted.

Do you need the services of a trustworthy family lawyer in Richmond, Malvern or Box Hill? Contact Bentley’s Barristers and Solicitors now for a consultation.

International Relocations & The Hague Convention

You need to be extremely careful when taking your child overseas, whether it is for a permanent move or even just for a holiday. Australia has signed onto the Hague Convention on the Civil Aspects of International Child Abduction, which provides lawful procedures in cases where children have been unlawfully taken overseas or abducted, providing parents with avenues they can take to see their children returned home safely. 

Make sure to check that the country your child has been taken to is on the list of countries that the convention is in force with if you want to make a Hague return or access application. If you are considering relocating overseas, then you will almost certainly need to engage a child custody lawyer in Melbourne to help you through the process.

For more information and useful links, please read the page on Relocating or Travelling With Children from Victoria Legal Aid.

FAQs About Child Relocations

The subject of child relocations is a sensitive one, and it’s important to make sure you have all the information you need before proceeding with a relocation order. If your question hasn't been answered here, feel free to reach out to the knowledgeable barristers at Bentley’s Barristers and Solicitors for assistance.

1. Can I get a passport for my child if we want to relocate?

Applications for a child’s passport can be lodged at an Australia Post office or any Australian Passport Office, as long as there is written consent from both parties. If consent will not be given by one parent, then the other can apply for it to be issued under ‘special circumstances’ by the Approved Senior Officer of the Department of Foreign Affairs and Trade.

On the other hand, if you are seeking to stop a passport from being issued for your child, then you will need to apply for a child alert order from the Court. Head to your nearest Australian Passport Office and lodge a Child Alert Request from there.

2. Can I take my child on an overseas holiday?

You will need to start coordinating with your ex-partner as soon as you decide you’d like to take your child on a holiday overseas. By providing as many details as possible, like a detailed timeline and itinerary, you increase your chances of the Court agreeing to the travel. If your ex-partner won’t agree to the holiday, then getting the court’s assistance will be vital if you want the holiday to go ahead.

Be aware that, if the Court believes there is a risk the child may not be returned to Australia, then the Court may place certain conditions on your travel to make sure that the child returns.

3. What do I do if I need urgent help?

If you or your child is in immediate physical danger, of course you need to call emergency services on 000. However, if you have a time-sensitive enquiry and it is outside normal business hours, then you can use the emergency hotline to get in touch with the Family Court. Call 1300 352 000, but only if you believe there is a real danger that your child is going to be taken overseas before the next working day.

If you have more questions, please call us (03) 9419 6066 to speak with a member of our team.

Need Advice from a Family Lawyer in Melbourne? Contact Bentley’s Barristers and Solicitors Today

Relocating with your child can be very tricky when you have a parenting order in place, but with a little help from Bentley’s Barristers and Solicitors, it doesn’t always have to be. As your expert family lawyer in Melbourne, we specialise in helping families reach mutually beneficial agreements that always work in the best interest of the child. If you want someone to help you and your ex-partner come to an agreement regarding a potential relocation, then our team is your best bet.

Give us a call today, or use our online contact form to leave us a message and we’ll reply to you as soon as we can. With two offices in Melbourne, we’re always ready to take on new clients needing help with children and court orders.

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