PARENTING RELOCATION- WHAT YOU NEED TO KNOW

For separated parents, life doesn't stand still. New jobs, new partners, better schools, or the pull of extended family can make moving sometimes interstate or even overseas very tempting. But if you share children with your former partner, relocation is one of the most complex and emotionally charged issues dealt with in the Federal Circuit and Family Court of Australia.

If you're thinking about moving or worried your former partner might, it's crucial to get professional legal advice from experienced family lawyers, such as First Choice Family Lawyers, to understand your options early and act quickly!

So how does the Court handle relocation cases? What outcomes are possible? And how quickly can things be resolved?

How the court approaches relocation -The Federal Circuit & Family Court doesn't start with the parents. It starts with the children under the Family Law Act the child's best interests are the paramount consideration. That means the court asks will the move promote or harm the child emotional, psychological and developmental well-being?

The Court balances these factors carefully, knowing that what's best for the child is rarely simple.

Every relocation case is unique, but some common outcomes include:

1.    Relocation is approved - The Court may allow the move if it's in the child's best interests, often with detailed plans for maintaining contact with the other parent (e.g extended holiday visits, video calls, shared travel costs etc);

2.    Relocation is refused - The Court may decide that the child must remain in their current location to preserve stability and their relationship with both parents; or

3.     Creative solutions - Sometimes compromises are reached like delaying a move until the end of the school year, or structuring parenting time so both parents remain meaningfully involved.

Relocation matters are often urgent because parents need certainty about work, housing and school. For this reason, the Court can hear urgent interim applications (temporary arrangements) relatively quickly especially if a move is imminent. However, making final decisions at trial can take many months depending on the Court’s timetable.

 If you are considering relocation or opposing it, time is of the essence. Filing early and seeking legal advice quickly can make a huge difference because when it comes to relocation timing really is everything.

Contact First Choice Family Lawyers today on (02) 9579 5555, offering a wealth of experience in relation matters, professional advice, guidance and legal representation.