About Relocating With Your Children
Our family team has assisted many families with relocation plans.
We have the experience to help gain the best possible outcome for you quickly & at low cost.
- Our process
- The law
- How it works
FreePhone case assessment
Let’s talk about your family confidentially. We will need to have a chat over the phone about your circumstances, understanding everything you have done so far to resolve your legal issue and determine if our family lawyers can help your situation.
Book appointment with our family lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to provide sound legal advice indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like them to act on your behalf moving forward.
Make sure things are done properly.
Don't risk making mistakes, let your legal team obtain the best possible result.
Lawyers with relocation experience
Meet with lawyers who have been through the relocation process with clients before.
- Past Cases
- Good Results
- Happy Clients
The Law
In deciding whether to make a location order in relation to a child, a court must regard the best interests of the child as the paramount consideration.
In plain english
The Family Court will look at what is in the best interests of the child as the most important consideration. The reasons for the proposed move will also be considered. These might be financial or economic reasons such as a new job, or personal reasons such as moving closer to family. The Family Court will look at whether these reasons are genuine, optional or essential for the parent wishing to move and for the child.
Other things that the Court will take into account include:
- the proposals for the other parent to spend time with the child if the Family Court allows the child to move
- the existing relationship between the child and the parent they live with
- whether the parent the child lives with has been the primary carer for some time and is the preferred parent for the child to live with
- how much time the child currently spends with the parent they do not live with, what their relationship is like and whether the relationship will continue or be maintained if the move is allowed
- the distance and permanent nature of the move
- what impact it will have on the child to leave friends, extended family and school etc
- the wishes of the child
- the age of the child
- the cost and ease of the other parent spending time with the child
- other ways the child can continue to have a relationship with the other parent
Make sure things are done properly.
Don't risk making mistakes, let your legal team obtain the best possible result.
Lawyers with relocation experience
Meet with lawyers who have been through the relocation process with clients before.
- Past Cases
- Good Results
- Happy Clients
With Parenting Orders
If there are parenting orders in place that allow for the child to live with, spend time with or communicate with a person, you must not do things that would prevent that person doing what is specified in the orders. This means that unless the other person agrees, you should not move with a child so far away from where they were previously living that it prevents the other person from spending time with the child as specified in the orders.
If you have parenting orders for equal shared parental responsibility with the other parent, then a major move needs to be agreed, as it is a major long term decision affecting the child. If you move without seeking the other person’s permission, you will likely be in breach of the court order.
Without Parenting Orders
If there are no parenting orders in place, then you will still need to seek consent from the other parent before relocating. Should consent not be provided, then you may need to consider making a location order application to the Family Court.
If an application for parenting orders has started it is an offence to take the child overseas, even for a short time, without the written consent of all the people mentioned in the parenting orders. The written consent must be in the form of a statutory declaration.
Moving without consent
If you only move a short distance away and it does not affect the other parent spending time with your child, the other parent might not do anything about the move. However, if there are parenting orders that stop you from moving, there may be consequences. You should get legal advice on your particular circumstances.
If you are planning on moving interstate or any other move that will affect the way the other parent or person spends time with your child you should either get the other parent to agree or ask the Family Court for an order allowing you to move. If you do not do either of these things and you move, the other parent may ask the Family Court for a recovery order to return your child to where they normally live. A recovery order can be made even if there are no parenting orders in place.
Make sure things are done properly.
Don't risk making mistakes, let your legal team obtain the best possible result.
Lawyers with relocation experience
Meet with lawyers who have been through the relocation process with clients before.
- Past Cases
- Good Results
- Happy Clients
Our process
FreePhone case assessment
Let’s talk about your family confidentially. We will need to have a chat over the phone about your circumstances, understanding everything you have done so far to resolve your legal issue and determine if our family lawyers can help your situation.
Book appointment with our family lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to provide sound legal advice indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like them to act on your behalf moving forward.
Make sure things are done properly.
Don't risk making mistakes, let your legal team obtain the best possible result.
Lawyers with relocation experience
Meet with lawyers who have been through the relocation process with clients before.
- Past Cases
- Good Results
- Happy Clients
The law
Finding yourself charged with common assault can be a worrying and stressful period in your life. We have been through this process with many clients and understand you need to gain a clear legal pathway to put your mind at rest quickly so you can focus on gaining the best posible result. Our process for clients who have a matter relating to common assault is simple, transparent and listed below.
The Law
In deciding whether to make a location order in relation to a child, a court must regard the best interests of the child as the paramount consideration.
In plain english
The Family Court will look at what is in the best interests of the child as the most important consideration. The reasons for the proposed move will also be considered. These might be financial or economic reasons such as a new job, or personal reasons such as moving closer to family. The Family Court will look at whether these reasons are genuine, optional or essential for the parent wishing to move and for the child.
Other things that the Court will take into account include:
- the proposals for the other parent to spend time with the child if the Family Court allows the child to move
- the existing relationship between the child and the parent they live with
- whether the parent the child lives with has been the primary carer for some time and is the preferred parent for the child to live with
- how much time the child currently spends with the parent they do not live with, what their relationship is like and whether the relationship will continue or be maintained if the move is allowed
- the distance and permanent nature of the move
- what impact it will have on the child to leave friends, extended family and school etc
- the wishes of the child
- the age of the child
- the cost and ease of the other parent spending time with the child
- other ways the child can continue to have a relationship with the other parent
Make sure things are done properly.
Don't risk making mistakes, let your legal team obtain the best possible result.
Lawyers with relocation experience
Meet with lawyers who have been through the relocation process with clients before.
- Past Cases
- Good Results
- Happy Clients
How it works
With Parenting Orders
If there are parenting orders in place that allow for the child to live with, spend time with or communicate with a person, you must not do things that would prevent that person doing what is specified in the orders. This means that unless the other person agrees, you should not move with a child so far away from where they were previously living that it prevents the other person from spending time with the child as specified in the orders.
If you have parenting orders for equal shared parental responsibility with the other parent, then a major move needs to be agreed, as it is a major long term decision affecting the child. If you move without seeking the other person’s permission, you will likely be in breach of the court order.
Without Parenting Orders
If there are no parenting orders in place, then you will still need to seek consent from the other parent before relocating. Should consent not be provided, then you may need to consider making a location order application to the Family Court.
If an application for parenting orders has started it is an offence to take the child overseas, even for a short time, without the written consent of all the people mentioned in the parenting orders. The written consent must be in the form of a statutory declaration.
Moving without consent
If you only move a short distance away and it does not affect the other parent spending time with your child, the other parent might not do anything about the move. However, if there are parenting orders that stop you from moving, there may be consequences. You should get legal advice on your particular circumstances.
If you are planning on moving interstate or any other move that will affect the way the other parent or person spends time with your child you should either get the other parent to agree or ask the Family Court for an order allowing you to move. If you do not do either of these things and you move, the other parent may ask the Family Court for a recovery order to return your child to where they normally live. A recovery order can be made even if there are no parenting orders in place.
Make sure things are done properly.
Don't risk making mistakes, let your legal team obtain the best possible result.
Lawyers with relocation experience
Meet with lawyers who have been through the relocation process with clients before.
- Past Cases
- Good Results
- Happy Clients
