This article addresses the question of when — if ever — it is appropriate to move to a new city, a new state, or even overseas with your children.

For simplicity, the more common scenario is assumed – that the children of a relationship live with the mother who wishes to move and spend time with the father. The same principles apply to all scenarios where people with parental responsibility have a parenting arrangement for one or more children.

What is relocation?

In Family Law, relocation refers to you moving with the children to another town, state or country.

If moving is going to limit the time the children spend with the father, the Court may make orders which effectively prevent the mother moving.

Relocation and travel for children after separation

When you separate, whilst sharing parenting responsibilities, you also need to be able to earn a living and to pursue meaningful opportunities for yourself.

Your opportunities may be limited in your current location, or you may wish to move interstate or to a new city to be closer to support networks or better job options. Whatever your motivation for seeking to relocate, there are factors to consider around the impact that moving can have on your children.

Relocation after separation can trigger the development in children of mental health problems and developmental issues. After separation it is critical to establish a routine and continued and ongoing support and care from both parents.

Reaching agreement

If you are the children’s primary carer and you are looking to move, you should talk to the father to try to agree to change the time the children spend with him. Whilst he may be completely opposed to the idea at first, you may find that over time you can reach a compromise. For example, the children could live with him for longer periods during school holidays. He may even be open to moving to where you wish to relocate.

If you cannot reach agreement, seek legal advice and attend family dispute resolution. If you reach agreement, you should formalise it by making a parenting plan, or by applying to the court for consent orders.

The court can intervene and make a relocation order

If you have made the decision to relocate considering what is in the best interests of your children — but the father is still refusing to agree — then the court may intervene.

A relocation order sets out conditions of relocation, including when and where you can move and how often the father can visit.

Best interests of the child

In relocation matters, the guiding principle is the “best interests of the child”. The relocating parent must show how it would be in the best interests of the children and how the non-relocating parent might still have a relationship with the children.

The Court will consider the existing relationship of the children with the non-relocating parent.

Views of the child

The views of the children will be considered depending on their age and maturity. 

All options should be explored for the father to maintain a relationship with the children.

Each case is different, and a determination is based on the facts and circumstances of the case. The Court endeavours to balance the children’s interest with those of the parents in a way that promotes the welfare of the children while recognising the interests of the parents.

If you move without a court order or without the father’s consent, the court may require you to return with the children until final orders are made. If you break a current court order that you not move, the father can ask the court to order that the children be located and recovered to his care.

Can the children travel overseas?

If you are planning an overseas holiday with the children, you should advise the father of where you will go, a full itinerary and contact numbers for your accommodation as soon as possible.

How do I apply for a passport for my child?

Applications where both parents give written consent can be lodged at an authorised Australia Post office or an Australian Passport Office.

If the father will not give written consent, a written request can be made to the Approved Senior Officer of the Department of Foreign Affairs and Trade to consider issuing the passport due to ‘special circumstances’. For more information about requests to consider ‘special circumstances’ contact the Australian Passport Information Service.

If you have tried to speak to the father about moving and they oppose your proposal, we can help you to mediate and may help you to reach an agreement about relocation without having to seek a court relocation order.

Here to Help

Contact us for a no-obligation, free telephone advice on relocation orders.