When parents separate, a proposed move to a new town, interstate, or overseas can quickly become a legal flashpoint, particularly where the move affects the other parent’s time with the children. In Australia, there is no separate “relocation order” in the Family Law Act 1975 (Cth). Instead, relocation disputes are determined under the same principles that govern parenting matters, with the child’s best interests as the paramount consideration.
When consent is needed
If parenting arrangements are informal, a parent may believe they can simply move. In practice, relocation that makes it difficult or impossible for the other parent to spend time with the child often leads to urgent court applications. If there are existing parenting orders, moving in a way that undermines those orders may expose a parent to contravention proceedings. Even where orders are silent about travel or residence, a significant move can still trigger a dispute requiring legal resolution.
How courts approach relocation
Courts do not “grant permission” to relocate in the abstract; they assess which parenting orders best promote the child’s best interests considering the proposed move. Relocation cases often come down to competing proposals: one parent’s plan to move with the child versus the other parent’s proposal that the child remain living nearby.
Practical steps for parents
Before relocating, parents should try to agree on a written parenting plan or seek consent orders. A clear proposal could cover schooling, housing, childcare, support networks, travel arrangements, and practical phone/video contact. If you cannot reach agreement, get legal advice early especially if timeframes make the matter urgent.
Key takeaway
Relocation disputes are rarely simple, and outcomes are highly fact specific. Parents who plan, focus on the child’s needs, and present workable arrangements for ongoing time with the other parent place themselves in the best position to resolve the dispute—by agreement where possible, or through court orders where necessary.