Relocation Matters
When the parents of a child under the age of 18 separate, the parents will usually make co-parenting arrangements so that each parent spends significant and substantial time with the child. These arrangements can take many forms such as the child spending time with one parent for an extended weekend, during the school week or spending week about time. In these types of arrangements, the parents will generally reside a short distance from each other.
A common and problematic situation can arise when one parent wants to relocate with the child. In this situation, the parent wanting to move should not relocate with the child unless the other parent provides their consent, or if an Order has been made by the Court.
In this article we look at what the Court considers when a parent is seeking to relocate with a child.
What considerations do the Court make for Relocation Cases
The Court treats a relocation matter in the same way that they treat any parenting matter, that is the paramount consideration for the Court is the best interest of the child. Like any other parenting matter, the Court considers the primary considerations for determining what is in the child’s best interest by: -
assessing the ability for both parents to maintain a meaningful relationship with the child: and
the need to protect the child from any psychological or physical abuse or neglect from a parent.
The Court will then look at the additional considerations set out in section 60CC(3) of the Act. This includes the relationship the child has with both parents, their relationship with other important people, the child’s wishes and the practical impacts of the proposal.
When one parent has applied to the Court for permission to relocate, they do not need to outline only why they want to move, but they do need to include details of why the move will be beneficial for the child and demonstrate your consideration of the impact that the relocation will have on the child and the parents.
Reaching an agreement between parents
If a parent wants to relocate with the child to another town or city, the best approach to this is to confer with the other parent and come to an agreement about the future living arrangements for the child.
Coming to an agreement that suits both parents is often difficult in relocation matters, given that an outcome of the relocation is that one parent would be spending less time with the child than they may otherwise have if both parents resided in the same location.
Although this approach can be uncomfortable and difficult, it is always better if the parents attempt to reach an agreement together. It is also a requirement that parties attend mediation before you apply to the Court for assistance.
Commencing Court proceedings to relocate
If parents cannot reach an agreement after mediation, the parent wanting to relocate can apply to the Court for a ‘relocation order’. To make this application the parent needs to provide to the Court a plan for the relocation. Information that can be helpful to provide includes : -
Why do you want to move?
Where do you want to move?
Who is moving with you?
Where will you live?
How do you propose the child spend time with the other parent? Can you help facilitate the child having a relationship with the other parent through non-face to face communication?
What financial support will be available to you?
How will the move impact the child? How will you support the child?
The Court will consider all possibilities when deciding a relocation matter. As an example, if a mother is seeking a Relocation Order, the Court may consider: -
allowing the child to relocate with the mother, and making Orders for the child to spend time with the father;
in circumstances where the Mother wishes to relocate with, or without the child, the Court may order that the child live with the father, and make Orders for the mother to spend time with the child;
making orders for the child to continue living with the mother, if she does not relocate, and make Orders for the child to spend time with the father.
In the above situation the Court may also consider whether the Father may choose to relocate if the Mother relocates.
A matter of relocation is a difficult family law situation and is handled with diligence by the Court. It is recommended that you obtain legal advice from a family lawyer to help you prepare your matter before you file an application with the court.
Please note: the information in this article is general in nature and is not legal advice. For specific advice about your circumstances, contact us to make an appointment with one of our solicitors.