Can I relocate with my child after separation?
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Why choose Orman Solicitors for family relocation issues?
How we work with you
Relocation can significantly affect a child’s welfare, so all actions should focus on their best interests. Moving without consent can lead to legal repercussions, including Recovery Orders, which mandate the child’s return to their original location.
In New South Wales, relocating with your child after separation involves several legal steps to ensure compliance with family law and the best interests of the child:
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I’d like to share, my upmost Respect to Ormans Solicitors team members, they had my back, got me through the most difficult times, I was so overwhelmed worrying about everything, would all sort out. I would recommend them out there, they certainly give you the support, comforting, that its all going to be ok. Maggie, and the team are just Amazing. I’d like to Thank, each and every one of them for helping through, with there dedication and outcome certainly was of comfort, Good ending. I was so Happy, I chosen Ormans Solicitors. You are All a Great Team. I will Always be Grateful. Thank you to All of You.
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When I first approached Maggie I was financially destitute and frightened, my settlement was not going well, I had been dropped by another solicitor because they felt that my case was to difficult and time consuming. Maggie helped me to feel at ease she assured me that I everything would be okay and then she and her staff went to work. She helped me to stay strong when I was ready to give up and just take anything to make the whole mess go away and fought for me to get an amount that was acceptable. I highly recommend Maggie and her team they truly do go above and beyond the call to ensure that their clients get the absolute best result possible.
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Empathy, dedication and passion are three words I would use to describe Maggie Orman and her team. Maggie has been my family lawyer for over 10 years and has guided me through many difficult periods of my life, and ensured I came out the other end a stronger woman and mother. Maggie is rational, compassionate and highly ethical. I felt that she truly cared about me, my family and our wellbeing. Maggie’s skilful advice and counsel achieved an incredibly quick resolution, and kept costs to a minimum. I will continue to use Maggie Orman Solicitors for all my family law requirements and highly recommend her to anyone requiring a family lawyer.
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CASE STUDY
Relocation Orders – a win for our client
Orman Solicitors achieved success for our client in a complex family law case involving relocation orders. Our client, a mother who had been the primary caregiver for her daughter since birth, sought our assistance to prevent her ex-partner from obtaining relocation orders that would force them to move interstate, away from their crucial support network.
How did we help?
The client’s journey with her ex-partner had been fraught with challenges, including pressures to relocate during pregnancy and enduring family violence throughout the relationship. Approaching us just weeks before the final hearing, the client was dissatisfied with her previous legal representation. Orman Solicitors quickly stepped in to comprehensively assess the situation, crafting a compelling case outline and refining affidavits to ensure a robust presentation in court.
Our approach involved not only addressing the immediate concerns but also providing emotional support to the client, guiding her through the legal process, and ensuring she was well-prepared for the upcoming trial. Despite the tight timeline, our team worked diligently to compile a compelling case that would serve the best interests of our client and her daughter.
During the trial, we successfully presented crucial facts to the judge. This included highlighting our client’s unwavering compliance with previous court orders, her efforts to foster a relationship between the child and the father despite the lack of financial support, and the father’s non-compliance with court orders, including missed opportunities to spend time with the child.
The outcome
The final judgment was a resounding victory for our client. The court ruled in favour of the mother, allowing the child to remain in her care. The judgment also outlined agreed-upon visitation times for the father, ensuring a continued relationship between the child and both parents. Importantly, the client was not required to relocate interstate, preserving her crucial support network and the established routine for her daughter.
Orman Solicitors’ success in this case not only protected our client from potential upheaval but also upheld the well-being and stability of the child involved. This outcome reinforces our commitment to providing effective legal representation, even under time constraints, and our dedication to securing favorable results for our clients in complex family law matters.
Need help with a relocation matter?
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 with you to negotiate a favorable relocation outcome for yourself and your children, or assist you in responding to a relocation application to the Family Court.
Maggie Orman
Principal
Renata Matyear
Senior Solicitor
Eileen Newcombe
Senior Solicitor
Family Relocation FAQ
Here are frequently asked questions (FAQs) and answers regarding family relocation issues in New South Wales:
What is the main consideration by the Court in family relocations?
There are many reasons a parent may want to relocate after separation or divorce. However, there are several considerations that must be considered 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 interstate, 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.
What factors does the Court consider in relocation cases?
The Court evaluates whether the move serves the child’s best interests, considering factors like:
- The child’s relationship with both parents.
- How relocation affects the child’s safety and stability.
- The reasons for the move, such as employment opportunities or family support.
- The feasibility of maintaining meaningful relationships with both parents.
What are the consequences of relocating without permission?
Relocating without consent or a Court order can lead to serious legal consequences, including:
- Orders to immediately return the child.
- Potential fines or variations to existing parenting orders.
- In severe cases, imprisonment for breaching Court orders.
How far can I move without needing a Court order?
Moves that do not affect the child’s ability to maintain regular contact with the other parent (e.g., within the same city or nearby suburbs) generally do not require a Court order. Relocations that impact schooling, daily routines, or long-term relationships require consent or a Court order.
Can I relocate with my child after separation without the other parent's consent?
No, you cannot unilaterally relocate if it significantly affects the child’s ability to maintain a relationship with the other parent. If there is no agreement, you must seek a Relocation Order from the Family Court. Relocating without consent can result in a Recovery Order, mandating the child’s return to the original location.
What if the other parent agrees to the relocation?
If both parents agree, the relocation can be formalised in a Parenting Plan or Consent Orders. Consent Orders make the agreement legally binding and enforceable, providing more security for both parties.
Can I move to a nearby suburb without legal issues?
If the move does not disrupt existing parenting arrangements, there may be no need for formal consent. However, it’s best to inform the other parent to avoid misunderstandings.
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