If you are considering relocating with your child or your ex has relocated with your child, understanding your legal rights and entitlements is crucial. Relocation cases arise when one parent wants to move such a significant distance away, that it affects the time the child spends with the other parent.
To relocate with your child, you need the other parent’s consent or an Order from the Federal Circuit & Family Court of Australia.
If you relocate with your child without consent from the other parent or an Order from the Court permitting you to do so, the other parent may file an Application for recovery of the child seeking an urgent Order to have the child returned and restraining that parent from relocating, on an interim basis, until such time that a final determination is made. In those circumstances, if the parent making the Application is successful in recovering the child, that parent can also seek an Order from the Court that the relocating parent pay a portion of their legal costs.
The court’s main concern in relocation matters is what’s in the child’s best interests. It considers several factors, including the impact the relocation will have on the child’s existing relationships with both parents and other significant people in their life, the potential impact on the child’s schooling, cultural ties, social life, everyday activities and overall well-being.
Should you require reliable legal representation, for any family law matters, from an experienced family law firm, contact Londi Gramelis and her dedicated team of lawyers at First Choice Family Lawyers, located in Beverly Hills on (02) 9579 5555 or Email us at: info@firstchoicelaw.com.au
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