Child relocation involves changing a child’s living arrangements in a way that affects the time they are able to spend with each parent – most commonly a move interstate or overseas. International relocation, in particular, is becoming increasingly more common, as people move across the globe for work opportunities or lifestyle reasons. Where both parents are involved in making decisions about a child’s life, one parent cannot simply decide to relocate without considering the legal implications.
What does The Family Law Act 1975 (CTH) say about Child Relocation?
Disagreements over child relocation often lead to the involvement of family lawyers, and in many cases, the courts. While freedom of movement is a right generally afforded to individuals, different principles apply where a proposed move would take a child a significant distance from the other parent — whether interstate or overseas.
The Family Law Act 1975 (Cth) does not contain a section dealing specifically with relocation. Instead, relocation disputes are treated as parenting matters and are decided under the Act’s general framework for determining what is in a child’s best interests, set out in section 60CC(2). The Court will have regard to matters including the child’s safety, their views, their developmental and emotional needs, the capacity of each parent to meet those needs, and the benefit to the child of maintaining a relationship with both parents, where it is safe to do so.
As relocation cases often lead to a genuine tension between one parent’s right to live where they choose and the other parent’s ongoing relationship with the child, the courts have developed a substantial body of case law addressing how these interests are to be balanced. There is no presumption in favour of or against relocation — each case turns on what outcome best serves the particular child, having regard to their individual circumstances.
What other factors may the Court consider?
In deciding a relocation dispute, the Court’s paramount consideration is always whether the proposed move is in the best interests of the child. Beyond this, the Court will typically consider whether it remains reasonably practicable for the child to maintain a meaningful relationship with the parent who is not relocating, and how the time currently spent with that parent would be affected by the move — including the distance involved, the cost and frequency of travel, and the practical arrangements that would need to be put in place to preserve the relationship.
As a general rule, a parent should not relocate a child without first obtaining the consent of the other parent, particularly where a Court order requires both parents to jointly make major long-term decisions affecting the child. If consent cannot be reached, it will usually be necessary to seek the Court’s determination on the issue before any move takes place — attempting to relocate without either consent or a court order can expose a parent to significant legal risk, including orders requiring the child’s return.
Contact us
Over the years we have acted in several complex child relocation matters, and in each we have achieved successful outcomes for our clients. If you are currently in a situation where you are thinking about relocating, whether that be interstate or to another continent and need legal advice on a child relocation issue, please do not hesitate to contact Etheringtons Family Lawyers in North Sydney on 9963 9800 or via the contact form here.