Family Law Relocation: Can I Move With My Child After Separation?
If you want to move with your child after separation, you may need the other parent’s agreement or a parenting order, particularly if the move would significantly affect the child’s time with the other parent. Relocation disputes commonly arise when a parent proposes moving for work, affordable housing, family support, a new relationship or safety reasons.
For separated parents in Wollongong, Shellharbour and the wider Illawarra, relocation may involve moving within NSW, interstate or overseas. Where a move would affect parenting arrangements, it is always a good idea to speak to a Wollongong family lawyer to obtain advice before relocating. If agreement cannot be reached, parenting orders may be needed. The child’s best interests are the Court’s paramount consideration.
How does the Court decide a child relocation case?
The Court does not decide relocation cases by asking only whether the parent has a good reason to move. Under sections 60CA and 60CC of the Family Law Act 1975 (Cth), the child’s best interests are paramount. Relevant considerations include safety, the child’s views and developmental needs, each carer’s capacity, the benefit of safe relationships with parents and other significant people, and any history of family violence or domestic violence orders.
There is no automatic entitlement to equal parenting time. The presumption of equal shared parental responsibility was removed in 2024.
A useful relocation proposal explains the child’s life under each realistic option. Parents should prepare information about:
1. Proposed housing, schooling, childcare and access to healthcare.
2. Employment arrangements and the practical availability of family support.
3. The child’s current care pattern, friendships, siblings and community connections.
4. A workable schedule for time with each parent, where safe, including holidays and special occasions.
5. Travel arrangements, supervision, costs and the effect of repeated journeys on the child.
For an interstate relocation, compare actual transport options and school calendars. For an overseas move, also investigate visas, schooling, healthcare and the practical ability to maintain safe relationships.
Can parents agree to relocation without going to Court?
If parents agree to a child relocation, the arrangements should be formalised. Parenting consent orders can make an agreed arrangement legally binding, subject to Court approval. A parenting plan is not itself enforceable as a court order.
A proposed agreement should address the destination, timing, school, time with each parent, travel expenses and communication. Include arrangements for disruption, such as cancelled flights or illness. Existing orders need careful review before relying on a new agreement.
What if my ex refuses to agree to the relocation?
If the other parent does not agree, family dispute resolution may help you negotiate the proposed move and revised parenting arrangements. Before filing a contested parenting application, a section 60I certificate is generally required unless an exemption applies, including in appropriate cases involving urgency, family violence or child abuse. If agreement cannot be reached, you can seek parenting orders and ask the Court to determine whether the child should be permitted to relocate.
Can I stop my ex from moving our child interstate?
If you oppose a proposed move, seek advice from a family lawyer promptly. The Court can make orders restricting the child’s residence to a defined area.
If the child has already been taken or is not returned, advice may be needed about urgent parenting or recovery orders. Location orders may assist where the child’s whereabouts are unknown. These remedies depend on the circumstances - recovery is not automatic.
Can I move overseas with my child after separation?
International child relocation raises additional legal issues. Where relevant parenting orders or proceedings exist, taking or keeping a child overseas without the required consent or court authorisation may be an offence.
Consent to a holiday should not be treated as consent to permanent overseas relocation. A passport also does not establish permission to relocate.
If overseas removal is threatened, urgent advice may be needed about passport orders, a restraint on departure and the Australian Federal Police (AFP) Family Law Watchlist. Wrongful removal or retention may engage the Hague Convention, depending on the countries and circumstances.
Speak to a Wollongong family lawyer about child relocation
Hanna Lawyers advises parents across Wollongong, Shellharbour and the Illawarra on child relocation, parenting arrangements and parenting orders. If you are considering moving with your child after separation, or you want to prevent or respond to a proposed relocation, contact our Wollongong family lawyers for advice about your options before taking action.
What is child relocation under Australian family law?
Child relocation generally means a proposed move that changes where a child lives and has a significant effect on existing parenting arrangements. It can involve moving to another suburb, town, state or country. The practical effect of the move matters, including changes to schooling, travel time and the child’s ability to spend time with each parent and other significant people.
For example, a proposed move from Wollongong to Sydney may make weekday changeovers difficult, even though both homes are in NSW. A move from Shellharbour to regional NSW could require an entirely different school holiday schedule.
Can I move with my child without the other parent’s consent?
The fact that a child lives mainly with you does not decide a relocation dispute. If a proposed move would significantly affect the child’s relationship or time with the other parent, you should obtain agreement or legal advice about seeking parenting orders before moving. If you relocate without agreement or an order permitting it, the Court may order the child to return while the dispute is determined. A move that prevents compliance with an existing order may also amount to a breach.
Do not assume the absence of parenting orders means the other parent cannot seek court intervention. Equally, not every ordinary change of address requires a relocation application: the circumstances, existing orders and impact on the child need to be assessed.
How far can I move with my child in NSW after separation?
There is no fixed kilometre rule under Australian family law that automatically allows or prevents a separated parent from moving with a child. Whether a move is legally significant depends on its practical effect on the child and the existing parenting arrangements.A particular parenting order may restrict residence to a specified area or outside a specific area.
Before moving within the Illawarra or elsewhere in NSW, consider school travel, changeovers, extracurricular activities and whether current arrangements remain workable. A shorter move with difficult transport connections may cause more disruption than a longer move with straightforward access.
Disclaimer: This article is for general informational purposes only and should not be considered legal advice. If you’re dealing with a family law parenting matter, it’s recommended that you seek advice from a qualified lawyer to understand your specific circumstances.
