Navigating Relocation Matters

Moving to a new town, state or country after separation can affect a child's relationship with a parent or another important person in their life. A proposed move may involve employment, housing, family support or safety concerns. It may also change where the child goes to school and how often they can spend time with people who remain nearby.

When parents disagree about a child's relocation, the question is what parenting arrangements are in the child's best interests. There is no automatic right for one parent to move the child, and there is no rule that a child must remain where they currently live.

Do you need agreement or a court order to relocate?

Start by checking any existing parenting orders and discussing the proposed move with the other parent, where it is safe to do so. A move that makes existing orders impossible to follow can breach those orders. If everyone agrees, the parents can seek advice about recording the new arrangements in a parenting plan or applying for consent orders.

If agreement cannot be reached, a parent who wants to relocate with the child may ask the Federal Circuit and Family Court of Australia for a parenting order permitting the move. A parent who opposes a proposed move may ask for an order limiting where the child may live. Family dispute resolution may help parents reach agreement before proceedings, although exceptions can apply, including in urgent cases and certain cases involving family violence or child abuse.

Moving a child without agreement or an appropriate order can lead to an application for the child to be returned while the dispute is decided. The outcome depends on the circumstances. If the child has already moved, obtain advice promptly about the available orders and any existing obligations; delay can affect the practical position, but it does not determine the case by itself.

How does the court decide?

Under the Family Law Act 1975 (Cth), the child's best interests are the paramount consideration when the court makes a parenting order. The court considers, among other things:

• what arrangements would promote the safety of the child and anyone caring for them, including safety from family violence, abuse, neglect and other harm;

• any views the child has expressed;

• the child's developmental, psychological, emotional and cultural needs;

• each proposed carer's capacity to meet those needs;

• the benefit of the child having relationships with parents and other significant people, where it is safe to do so; and

• anything else relevant to the child's particular circumstances.

The court also considers any history of family violence, abuse or neglect and relevant family violence orders.

In a relocation case, practical matters include the reasons for the move, the child's existing care arrangements, schooling, travel time and cost, available support, and how the child could maintain safe relationships with significant people after the move. The court considers the competing proposals in the child's circumstances. There is no requirement to establish a single “compelling reason” for moving, and a parent's circumstances can be relevant to the child's wellbeing.

Parental responsibility and time with the child

Each parent generally has parental responsibility for a child under 18, subject to any court order. Where it is safe and consistent with court orders, parents are encouraged to consult each other about major long-term issues affecting the child.

The former legal presumption of equal shared parental responsibility was removed in May 2024. The court can now make orders for joint or sole decision-making about all or particular major long-term issues according to the child's best interests. Parental responsibility does not mean equal time with each parent, and the law no longer requires the court to work through a set sequence of equal time or substantial and significant time arrangements.

The court can make the time arrangements that best meet the child's needs. Where distance limits regular visits, proposals might address school holidays, travel, telephone or video contact, and the cost and logistics of maintaining the relationship. Safety remains central to any arrangement.

What if an urgent decision is needed?

If a move is imminent, a child has already been relocated, or an existing order is being breached, seek advice promptly. Depending on the circumstances, a parent may apply for interim parenting orders while the case is being resolved. An interim decision is not a prediction of the final outcome. The court will consider the information available and the child's best interests at that stage.

If you are considering a move, or are concerned about a proposed relocation, Baird & McGregor can advise on your options, any existing orders, and a workable parenting proposal. Contact our family law team to discuss your circumstances.