Relocation After Separation: Can you move with your child in NSW?

Relocating after a separation is rarely simple, especially when children are involved. Whether the move is for family support, employment, financial stability or a fresh start, the reality is the same. When children are involved, relocation becomes a legal issue, not just a personal decision.

In New South Wales, a parent cannot unilaterally decide to move a child away from their other parent, especially if the relocation would disrupt existing parenting arrangements. The Family Law Act requires that any decision affecting a child prioritises one thing above all else: their best interests. That means any proposed move must be carefully considered, communicated, and, in many cases, legally approved.

If you’re thinking about relocating with your child or you’re worried your co‑parent may be planning a move, understanding your rights and obligations is essential. This article explains how relocation works in NSW, what the court considers, and the practical steps you can take to protect your child’s wellbeing and your relationship with them.

What Is “Relocation” in Family Law?

In family law, relocation refers to a parent moving with a child in a way that affects the other parent’s ability to spend time with them.

Relocation can include situations such as:

• • Moving interstate
  • Moving overseas
  • Moving to another region within NSW
  • Any move that disrupts current parenting arrangements

Even a move within the same state can raise legal issues if it significantly affects the child’s time with the other parent and disrupts existing parenting arrangements. Because relocation can change where a child lives, where they attend school, and how much time they spend with each parent, these decisions often require agreement between parents or approval from the Court.

Even if there are no formal parenting orders in place, you cannot relocate in a way that undermines the child’s relationship with the other parent. The other parent may apply to the Court to prevent the move or seek orders for the child’s return.

Can a Parent Move Without the Other Parent’s Permission?

In most situations, a parent should not relocate with a child without either:

• • The agreement of the other parent (in writing),
  • or Court orders allowing the relocation

If both parents share parental responsibility or if parenting orders are already in place, relocating without agreement may breach those orders.

If parents cannot agree, the usual process is to:

1. Discuss the proposed move with the other parent
2. Attempt mediation through Family Dispute Resolution
3. Apply to the Federal Circuit and Family Court of Australia (FCFCOA) if an agreement cannot be reached

What Does the Court Consider in Relocation Cases?

If parents cannot reach an agreement, the FCFCOA may need to decide whether the relocation should be allowed. The Court’s primary concern is always the best interests of the child.

The Court will consider a range of factors, including:

• • The child’s relationship with each parent: The Court examines how close the child is with both parents and how the proposed move may affect those relationships.
  • The practical arrangements for time with the other parent: If relocation occurs, the Court considers how the child will continue to spend time with the other parent. This may involve school holiday arrangements, travel plans, or electronic communication.
  • The reasons for the proposed move: This may include employment, financial stability, housing, or support from extended family. The Court will assess whether the reasons are genuine and child-focused.
  • The impact on the child’s stability: Relocation can affect schooling, friendships, community ties and emotional wellbeing.
  • Risks, including family violence: Safety is always a paramount consideration.
  • The practicality of the relocation proposal: Parents who present a clear and practical plan for how the child will maintain relationships with both parents are often in a stronger position.

What Happens if a Parent Moves Without Consent?

Relocation without agreement or Court approval can have serious consequences.

If a parent relocates with a child without consent or court approval, the other parent may apply to the Court for urgent orders. Acting quickly is important, as delays can affect the Court’s decision.

The Court may consider orders such as:

• • Recovery Orders requiring the child to be returned
  • Contravention proceedings if parenting orders have been breached
  • Urgent parenting orders determining where the child should live

Courts take unilateral relocation seriously because it can significantly affect the child’s relationship with the other parent. Seeking legal advice before making any relocation decision can help avoid these outcomes.

How to Approach a Relocation Proposal

If you are considering relocating with your child, it is important to prepare a clear and practical proposal.

Try to negotiate first

Many relocation disputes can be resolved through:

• • Mediation
  • Parenting plans
  • Lawyer‑assisted negotiation

Propose a revised parenting arrangement

Show how the child will maintain meaningful contact with the other parent. This may include:

• • Extended school holiday time
  • Regular video calls
  • Shared travel arrangements
  • Detailed schedules

Gather evidence supporting the move

This may include:

• • Job offers
  • School enrolment information
  • Letters from family members
  • Evidence of safety concerns
  • Cost‑of‑living comparisons

File an application if no agreement is reached

The court will then assess the proposal and make orders based on the child’s best interests.

Seeking Legal Advice Early

Relocation cases are complex, emotionally challenging, and often urgent. Whether you’re hoping to relocate or seeking to prevent a move, early legal advice can make a significant difference. Understanding your rights and obligations helps you make informed decisions that protect your child’s wellbeing and your relationship with them.

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