The rise of globalisation has affected more than just the way in which we conduct business and communicate with others around the world. International relocation is becoming an increasingly common occurrence, with many people and families moving across the globe for business, opportunities and lifestyle changes. But how does this affect the realm of Family Law, and what does this mean for you?

What does it mean for a parent who has separated from their spouse, has primary care of the child/children and is offered a job halfway across the world? And what does it mean for you as a non-resident parent, if your ex-spouse wishes to take your child to live in another country?

These questions are arising more and more in a Family Law context and can often lead to intervention by solicitors and the court system. Whilst freedom of movement is an accepted right, different principles apply for children and the removal of a child from a country, state or area that is significantly distant from the non-resident parent.

What is important in the eyes of the law (and what will be considered by legal practitioners and the Court) are the best interests of the child. How will the child benefit from relocation? How will they spend meaningful time with the non-resident parent, and how will the time that they currently spend with that parent be affected by the relocation? These are all issues that would be considered in the legal context.

Generally we advise that relocation of a child should not occur until the consent is obtained from the non-resident parent. If consent cannot be obtained, that is when legal intervention may be necessary.
Etheringtons Solicitors have recently acted in several complex child relocation matters, and in each we have achieved successful outcomes for our clients. If you are currently in the situation where you are thinking about relocating, whether that be interstate, or to another continent and require advice on a child relocation issue, we invite you to contact us with your enquiry.