RELOCATION APPLICATIONS

If you have joint parental responsibility or equal shared parental responsibility for your children, this means that you and the other parent must jointly make decisions in relation to major long term issues for the care welfare and development of your children. This includes where the children should live. Section 4 of the defines “major long term issues” to include:

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• The child’s education (both current and future);

• The child’s religious and cultural upbringing;

• The child’s health;

• The child’s name; and

• Changes to the child's living arrangements that make it significantly more difficult for the child to spend time with a parent.

 

Relocation is moving with the children to another town, state or country. If the effect of the relocation will limit the children’s time with the other parent or another significant person in their lives, the Court may not allow the relocating parent to stay in that new location because it would not be in the best interests of the children. If you are considering to relocate yourself and the children to a new home away from the other parent, it is best that you first discuss this proposed change with the other parent. If you are concerned that the parent who has primary care of your children is going to move far away from you and limit the time you enjoy with your children, you should reach out to that parent and then seek legal advice.

 

If neither party can come to an agreement about relocation, the matter should be put before a Judge and the Court can either make orders allowing the other parent to relocate, or make orders restraining the other parent from relocating. This includes making orders that would place the children on the Family Law Airport Watchlist. The overriding principle and consideration for the Court when determining your relocation application is what is in the best interests of the Children involved.

 

Parents residing in different states throughout Australia might find themselves involved in Court proceedings that deal with the question of relocation. At KF Lawyers, we are able to represent clients who have Court proceedings in different states throughout Australia and advocate on their behalf.

 

At KF Lawyers, we understand that you may need to relocate with your children to another part of the state or country for work opportunities, amongst other reasons. We also understand that other parents may oppose the relocation of another parent where it would impact their relationship with their children. In both situations, it is important to obtain legal advice to protect our parental rights and also the rights of your children. If you wish to discuss your options, please contact KF Lawyers to arrange a free initial consultation with one of our experienced family lawyers.