Relocation of Children

When parties divorce or separate there are numerous consequences, not only for the parties themselves, but also for their children.

An issue often arising on divorce or separation is the question of one party wanting to move with the children to another city, state or country (ie. relocation).

This issue can be a very emotional and daunting one for most divorcing or separating parties.

When the question of relocation is raised, you should obtain legal advice from a specialised family law practitioner.

The Family Court will consider the competing proposals of each parent and ultimately whether the children should relocate based on whether or not it is in the children's best interests to do so. The Family Court would, for example, consider such factors as:

1. Any wishes expressed by the children.
2. The nature of the relationship of the children with each party and with other significant people, such as grandparents.
3. The likely effect of any changes in the children's circumstances.
4. The practical difficulty and expense of the children having contact with the non-relocating party.
5. The capacity of each party to provide for the needs of the children.
6. The children's maturity, sex and background.
7. The need to protect the children from physical or psychological harm caused, or that may be caused, by abuse, ill-treatment, violence or other behaviour.
8. The attitude to the children, demonstrated by each of the parties.
9. Any family violence involving the children or a member of the children's family.
10. Whether making an Order for relocation would be least likely to lead to further Court proceedings.
11. Any other fact or circumstance that the Court thinks is relevant.

We pride ourselves in being able to provide prompt and accurate advice, in an understanding and supportive way.

Please contact us to obtain detailed advice regarding parenting arrangements for your children, including any proposed relocation.

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