If a parent wishes to relocate with children, the parent should consult with the other parent.

If there is a Court Order in place relating to the children, then the parent who wishes to relocate will probably be in breach of the Court Order unless that parent makes an application to the court to vary that Order to allow the relocation.

If there is no Order in place and a parent relocates without the consent of the other parent, and takes the children with them, then the parent who did not relocate may make an application to the court and may seek Orders in relation to the children including that the children return to the area where they used to live.

The court, in relocation cases, applies the same principles that it does in every case including: -

• The best interests of children are the paramount but not the only consideration;
• A party who wishes to relocate and take the children does not have to show compelling reasons for the relocation;
• The court must carefully consider the proposals of both parents for the children;
• The court must consider the advantages and disadvantages of each proposal in relation to the best interests of the children.

The court when considering the best interests of the children must take into account a number of factors relating to the rights of the parents to have freedom of movement, to form new relationships and also the costs of travel if a parent should relocate and the time that a child would be required to travel.

The distance of the relocation is a significant factor in relocation cases. If a parent wishes to move only a few miles or a few minutes away from their original home, then that is probably not a relocation at all and a parent would not be restrained/prohibited from making such a relocation. However, if a parent, eg wished to move from Brisbane to Perth, then that relocation would have a significant impact on the children and the parent who is not relocating. There would be significant time involved in travelling and significant cost.

If you are either wishing to relocate or you wish to stop a parent who wishes to relocate then consult us at the earliest possible time.