After separation, it is common for one parent to consider relocating with the children, whether for a new job, to be closer to family, or simply for a fresh start. However, moving to another suburb, interstate, or overseas is not a decision you can make on your own if there are shared parenting responsibilities in place.

In Australia, relocation is a complex legal issue. If the other parent does not agree to the move, the parent wanting to relocate may need approval from the Federal Circuit and Family Court of Australia before changing the child’s living arrangements.

What the Law Says About Relocating with Children

If the move would significantly affect the time the child spends with the other parent, you must get either the other parent’s consent or approval from the Court. This applies in cases such as:

  • Moving to a different suburb where schooling or parenting time is affected
  • Relocating to another state
  • Moving overseas, even temporarily

Making the move without proper consent or Court approval can result in a breach of parenting arrangements or court orders and may lead to serious legal consequences.

When Parents Disagree About Relocation

If one parent wants to move and the other does not agree, the parent proposing the relocation must apply to the Court for permission. The Court will not automatically approve the move. Instead, it will consider the case carefully in line with the best interests of the child, as set out in the Family Law Act 1975.

How the Court Approaches Relocation Cases

The main consideration in any relocation matter is the child’s best interests. The Court will consider a range of factors, including:

  • How the child will maintain a meaningful relationship with both parents
  • The reasons for the move, such as employment opportunities, family support, or better living conditions
  • Educational and lifestyle prospects at the new location compared to the current one
  • The cultural and religious connections the child has and how they may be affected
  • The emotional well-being of both the child and each parent
  • The availability of support networks, like extended family, in both locations

The parent seeking relocation must show that the move is in the child’s long-term interests, not just their own. At the same time, the parent objecting to the move will need to demonstrate how it could negatively impact the child.

Key point: The Court will only approve a relocation if it is in the best interests of the child, not based on what suits either parent best.

Relocating Within Australia Compared to Overseas

Moves across state lines and international relocations are treated with particular care by the Court, as they may make it more difficult or expensive for the other parent to stay involved in the child’s life.

If you’re looking to move overseas, the Court will also consider:

  • Whether the destination country is part of the Hague Convention on Child Abduction
  • How practical it is to maintain regular contact across international borders.
  • Whether Australian parenting orders will be recognised and enforced in the other country.

Whether you’re relocating to Melbourne, Brisbane, or abroad, it’s important to get legal advice before making any arrangements.

How to Oppose a Relocation

If you are a parent who does not agree with the proposed move, you have the right to object and take steps to stop it if it is not in your child’s best interests.

Start with Negotiation, Not Litigation

Whenever possible, it is best to try and reach a mutual agreement through negotiation or mediation. This approach is often quicker, less stressful, and more cost-effective than going to Court.

Final Thoughts: Don’t Relocate Without Legal Advice

Relocation cases are some of the most challenging matters in family law. The outcome depends heavily on the details of your situation, including your parenting arrangements and the reasons for the proposed move.

Before you make any plans to relocate, or if you are concerned about your co-parent’s intentions, it is essential to get legal advice early on.