Relocating with a child in Australia is a significant decision that can have lasting implications for families, particularly in situations where parents are separated or divorced. Whilst parents can enjoy ‘as much freedom to live where they please’, it must be consistent with their parenting obligations and ultimately, be in the best interests of the child.
In Australia, under the Family Law Act 1995 (Cth) each of the parents of a child under 18 years has parental responsibility for the child (unless there are court orders stating otherwise). When parents share parental responsibility, both must agree on major long-term decisions including relocation, as a move can affect the child’s schooling and relationships with both parents.
If one parent is wishing to relocate, they should always seek the other parent’s consent to the relocation in the first instance. If the other parent does not consent to the relocation, they may need to make an application in the Federal Circuit and Family Court of Australia for a relocation order.
Some of the factors that the court will consider when determining whether a parent can relocate with child include:
- The child’s relationship with both parents and other significant individuals.
- The impact on the child’s emotional, psychological and educational well-being.
- The impact on the stability and continuity in the child’s life.
- The child’s views and wishes, depending on their age.
- The reasons for the move and whether they are valid necessary.
- The ability to maintain a relationship with the non-relocating parent – this would include the distance of the relocation and parents’ historical ability to act cooperatively.
Relocating with a child requires careful consideration and it is important to consider whether the move is in the best interest of the child prior to making any significant decisions.
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