RELOCATION

A common complication to parenting matters is where one parent is seeking to relocate with the child a significant distance away from where they currently reside (or historically have resided).

Relocation matters operate on the same principles as other parenting matters. However, an application by one parent to relocate can have a considerate impact on the child’s ability to maintain a relationship with their other parent.

As such, a parent seeking to relocate must have the consent of the other parent or a court order permitting them to relocate the child from the area they currently live.

Relocation matters are often thought of to be interstate or overseas but can include intra-state moves if the proposed move will significantly increase the distance between the parents’ residences. This is particularly the case if the parents are not able to maintain the existing parenting arrangements because of the increased distance.

Simultaneously, the court also is reluctant to restrict the freedom of movement of parents, particularly if the move is proposed as a result of employment opportunities not otherwise available to them, family support or obligations of their current partner.

The question of whether a parent will be permitted to relocate with children is complex and you should seek legal advice before taking any steps to relocate.

At Starling Family Law, we are highly proficient and experienced in complex parenting matters and can offer you tailored advice to assist you to obtain the best outcomes possible for your children.