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.