Relocation issues
Can I move away with my child after separation?
If there are current parenting orders in place and you want to relocate with your child, an application can be made to the Court asking for permission to allow you to relocate with your child. Further, an application can be made by the other parent if a parent has already relocated with the child without the other parents consent, for that parent to return with the child.
In matters involving relocation issues, it is up to the Court to resolve the issues and arrive at a decision as to what is in the best interests of the child.
There are many reasons a parent may want to relocate after separation or divorce. However, there are a number of considerations that must be taken into account when relocating if children are involved. While the interests and desires of the parent seeking to relocate with a child will not be ignored by the Court, the main consideration will be the child’s best interests, and the child’s “right” to maintain a relationship with both parents.
Relocating after separation can depend on various factors:
Whether the relocation will be intrastate, interstate or international/overseas.
The reason for relocating.
The age of the child or children.
The needs of the child or children.
Whether there is a possibility for both parents to relocate.
How can our expert team at Orman Solicitors help with relocation issues:
Relocation cases are heavily dependent upon the circumstances for each case. If you are considering applying or appealing a relocation, please contact us to discuss the situation and relocation order in more depth and specific to your matter. We can help assess your situation to negotiate a favourable relocation outcome for yourself and your children, or assist you in responding to a relocation application to the Family Court.