Relocating with Children After Separation
Relocating with Children After Separation: How the Court Decides
Separation or divorce can turn your life upside down — especially when children are involved. After a relationship ends, you might want or need to move to another city, state, or even overseas. This could be to be closer to family, take up a new job, start fresh, or improve your lifestyle.
However, when you share parenting responsibilities, relocating with your children is not simply a matter of packing your bags. Relocation can significantly affect your child’s relationship with the other parent, and in Australia, the Family Law Act 1975 requires the court to put the child’s best interests first.
This guide will explain how relocation cases work in Australian family law, what the court considers before making a decision, examples from past cases, and practical tips for presenting a strong application — or responding to one.
What Does Relocation Mean in Family Law?
- In family law, relocation refers to a parent moving with a child to a location that would make it substantially more difficult for the child to spend time with the other parent.
- Relocation can be:
- Within Australia, such as moving from Sydney to Perth, or even from one regional town to another.
- International — such as moving overseas for work, family, or personal reasons.
- The bigger the distance, the more the court will scrutinise the impact on the child’s existing relationships.
How the Court Approaches Relocation Applications
- The court’s starting point is always the best interests of the child. Under section 60CC of the Family Law Act, the judge must consider:
- The benefit to the child of having a meaningful relationship with both parents.
- The need to protect the child from physical or psychological harm.
- The likely effect of changes in circumstances on the child.
- Practical difficulties and expenses of the child spending time with the other parent.
- The child’s views depending on their maturity and understanding.
- The court does not prioritise your personal preferences or career plans over your child’s welfare, but it will balance your genuine reasons for relocating with the child’s need for stability.
Do You Need the Other Parent’s Consent?
- If you have equal shared parental responsibility, you must obtain the other parent’s written consent before relocating. This applies whether you have formal parenting orders, an informal agreement, or no current court order at all.
- Negotiate a new parenting arrangement, or
- Apply to the court for permission to relocate.
- Moving without consent or a court order can result in serious legal consequences, including an order to return the child to their previous location.
Reviews
Common Reasons for Relocation
Parents request relocation for many reasons, such as:
Employment Opportunities
A new or better job can provide increased financial stability for both you and your child. This might include moving to take up a higher-paying position, securing long-term employment, or working in a field that isn’t available in your current location.
Courts will consider whether the role genuinely improves your family’s circumstances and whether the move is necessary to secure it. You’ll need to show that the job offer is real, stable, and compatible with your parenting responsibilities.
Family Support Networks
Being closer to extended family can offer valuable emotional and practical support, especially if you are a single parent. Grandparents, siblings, and other relatives can help with childcare, school runs, and provide a sense of belonging for your child.
The court recognises that a strong support network can contribute to a child’s stability and well-being. However, you must show that the support is actually available and will directly benefit your child, not just you.
Education Opportunities for the Child
Sometimes relocation is motivated by the availability of better schooling options, specialised programs, or extracurricular opportunities. If your child has specific educational needs — such as advanced academic programs or support for learning difficulties — the court will look at whether the new location can meet these needs better than your current one.
You’ll need evidence such as enrolment offers, curriculum details, or support service availability. The court will also consider whether the disruption of moving is outweighed by the educational benefits.
Cost of Living Differences
Relocating to an area with a lower cost of living can mean more financial security and a better standard of living. Reduced housing costs, lower childcare expenses, and more affordable day-to-day living can all ease financial pressure.
If you can show that these savings will directly improve your child’s quality of life — such as providing a more stable home or access to activities — the court may view this positively. However, it will weigh these benefits against any negative impact on the child’s relationship with the other parent.
Safety or Personal Security Concerns
In some cases, relocation is necessary to protect you or your child from harm. This could be due to family violence, threats, or living in an unsafe neighbourhood. The court treats safety as a priority and will carefully examine evidence, such as intervention orders, police reports, or expert risk assessments. If the move significantly improves security and reduces the risk of harm, it may carry considerable weight in the decision-making process.
How to Prove Your Relocation Is in the Child’s Best Interests
Relocation cases are complex because the court must weigh your freedom to live where you choose against the child’s right to maintain a relationship with both parents. If you are the parent seeking relocation, you will need to:
Provide detailed plans — where you will live, where the child will go to school, and how they will maintain regular contact with the other parent.
Show benefits — better living conditions, stronger family support, or improved educational opportunities.
Offer realistic alternatives for the child to spend time with the other parent, such as extended holiday visits or regular video calls.
Present evidence — job offers, school enrolment letters, accommodation details, and cost comparisons.
How to Oppose a Relocation Application
If you are the parent opposing the move, your focus should be on:
Demonstrating how relocation will harm your child’s relationship with you.
Showing your involvement in your child’s daily life (school drop-offs, homework, extracurricular activities).
Highlighting the disruption to the child’s social, educational, and emotional stability.
Offering practical alternatives that allow the other parent to achieve their goals without moving the child away.
Evidence the Court Considers in Relocation Cases
- Whether you are seeking or opposing relocation, the strength of your evidence can make or break your case. The court may consider:
- Parenting history — the level of involvement each parent has had in the child’s life.
- School and community ties — friendships, extracurricular activities, and extended family relationships.
- Proposed contact arrangements — how practical and affordable it is for the child to see the non-relocating parent.
- Financial implications — the cost of travel and who will pay for it.
- Any risk factors — such as exposure to harm in either location.
Case Law Examples
Case Example 1 — Relocation Approved
A mother sought to move with her two children from Brisbane to Hobart to take up a permanent teaching position and be closer to her parents. The court noted her extended family could provide emotional and financial support, and the proposed school offered specialised programs matching the children’s needs. The father’s relationship was maintained through long school holiday visits and regular video calls. The relocation was approved.
Case Example 2 — Relocation Refused
A father wanted to move with his teenage son from Melbourne to Darwin for a new job. The court found the move would significantly disrupt the boy’s relationship with his mother, who was heavily involved in his daily activities. The proposed travel arrangements were deemed impractical due to cost and school commitments. The application was refused.
Case Example 3 — International Relocation
A mother applied to relocate to New Zealand to be with her new partner. The court approved the move after determining the mother’s new living situation offered financial stability, and she had a solid plan for the child to visit the father for extended holiday periods twice a year, with costs shared.
The Role of the Child’s Views
- The child’s wishes can influence the outcome, especially if they are older and able to express mature, independent views. These views are often gathered through:
- Family consultants who prepare family reports.
- Independent Children’s Lawyers (ICLs) who represent the child’s best interests.
- However, the court will not automatically follow the child’s preference. It will weigh their views alongside all other evidence.
Practical Considerations in Relocation Cases
- The court will want to see that both parents have considered:
- Travel arrangements — who will pay, how often travel will occur, and how it will affect the child’s schooling.
- Communication — using technology like Zoom, FaceTime, or messaging apps to maintain relationships.
- Schooling — whether the new school is comparable or better than the current one.
- Transition plans — helping the child adjust to new surroundings without losing touch with the other parent.
How the Court Balances Competing Interests
- Relocation cases are often described as “all or nothing” disputes because the court must choose between allowing the move or preventing it. This means one parent’s primary objective will not be met.
- The judge will weigh:
- The relocating parent’s genuine reasons and needs.
- The non-relocating parent’s right to maintain a meaningful relationship.
- The overall impact on the child’s well-being and stability.
Tips for Parents Considering Relocation
- Plan early — the more organised and detailed your proposal, the better.
- Document your involvement in your child’s life.
- Consider alternatives — sometimes adjusting parenting arrangements can meet your needs without full relocation.
- Seek legal advice before making any commitments.
- Focus on your child’s needs, not just your own preferences.
Case Studies — Lessons from Real Disputes
Case Study 1 — Emphasising Stability
In one case, the court refused a mother’s relocation request because her proposed plan lacked detail. She had no confirmed job, no secured housing, and had not investigated schools. The judge ruled that the uncertainty would create too much instability for the child.
Case Study 2 — Extended Family Support Tipped the Balance
A father successfully relocated interstate with his daughter after showing that his parents and siblings could provide daily care while he worked, offering a more stable environment than the current arrangement.
Enforcing and Varying Relocation Orders
Once a relocation order is made, both parents must comply. If circumstances change — for example, a job loss or health issue — you can apply to vary the orders. Breaching relocation orders can lead to:
Fines
Orders to return the child.
Potential changes in parenting arrangements.
Learn what steps you can take next.
How a Family Lawyer Can Help You
A family lawyer can:
- Assess the strengths and weaknesses of your case.
- Help you prepare detailed proposals or objections.
- Gather persuasive evidence, including reports and witness statements.
- Represent you in negotiations, mediation, or court.
Relocating with children after separation is one of the most challenging areas of family law. The court must strike a delicate balance between a parent’s right to freedom of movement and a child’s right to maintain strong, stable relationships with both parents.
Whether you are seeking to relocate or opposing a move, preparation and evidence are everything. The more you can show that your proposal supports your child’s best interests, the stronger your case will be.