Relocation Orders, Your Right To Move Forward

What is a Relocation Order?

Relocation Orders involve the Family Court’s decision to either prevent or permit a parent and child from moving to another city, interstate, or overseas, away from the other parent. Obtaining Relocation Orders can be challenging, especially when the relocation affects current custody or visitation arrangements. If one parent relocates without the consent of the other, the latter may apply to the court for a Recovery Order compelling the child’s return. Such Orders are granted based on the court’s assessment of the child’s best interests.

Moving interstate with children after separation

It’s not unusual for parents to consider relocating after a separation. Relocation becomes less contentious when it does not disrupt existing or proposed arrangements for the children. If you or your ex-partner are contemplating relocation, obtaining legal advice is crucial. We recommend securing the other parent’s consent and a Court Order authorising the relocation before proceeding. If permission is not granted, Stanley & Co Lawyers is here to assist by applying to the Court on your behalf.

Applying for Relocation Orders

Engaging in family dispute resolution is generally a prerequisite before applying for parenting orders related to relocation. This process aims to achieve a mutually agreeable solution. Although the Family Law Court does not treat relocation matters as a separate case type, the child’s best interests are paramount in evaluations. The assessment involves various factors, tailored to each unique case:

1. Motivations for Relocation: Reasons such as job opportunities, starting anew with a partner, seeking family support, or escaping family violence are scrutinised in light of how they serve the child’s best interests.
2. Maintaining Contact with the Non-moving Parent: Plans to ensure the child remains in touch with the non-relocating parent, whether through regular phone calls, visits during holidays, or even the possibility of the other parent moving closer.
3. Travel Feasibility Between Parents: How easily can the child travel between the two parents’ residences?
4. Parental Attitude Towards Each Other: The court considers each parent’s willingness to support the child’s relationship with the other parent. A lack of cooperation can negatively affect the case.
5. Support from Extended Family: The willingness of extended family and new partners to uphold the child’s relationship with the non-relocating parent.
6. Impact on Relationships with Family Members: The effect of the move on the child’s connections with siblings, half-siblings, and other relatives.
7. Child’s Age and Preferences: The child’s wishes, especially as they get older, can play a role in the court’s decision-making.

The family lawyers at Stanley & Co, understand the complexities involved in relocation mattes and are committed to providing you with the guidance and representation needed to apply for these orders. Whether it’s negotiating with the other parent or representing your interests in court, our goal is to facilitate a solution that respects everyone’s rights and is in the best interests of the child. Contact Stanley & Co Lawyers today to schedule a complimentary first interview with one of our experienced family lawyers.