Relocating overseas with your children when divorced!

Many divorced parents struggle to live divorced and without the support of their family. This is why they want to relocate overseas and return to their support networks, friends and family.

If you are wanting to move or relocate overseas but are divorced, you will need to think about the other parent. The best thing to do is get the agreement or permission from the other parent to move overseas.

Once you have the other parent’s agreement, then you can enter into “Consent Orders” and make the move overseas legally binding

Why it’s important to have legally binding agreement to relocate overseas?

It is very important to have a legally binding agreement to move or relocate overseas because if you don’t then you may be at risk of being charged with abduction or a Hague convention application may be made by the other parent to force the child’s return to Australia.

What if my ex won’t agree to me moving the children overseas?

Don’t despair. At first most parent’s don’t want this – sometimes these things just take time to work themselves out. If you are super keen to leave immediately, then you must go to Mediation (unless your matter is urgent or there is Family Violence) to try and get agreement from your ex to move overseas with children.

What if Mediation doesn’t work?

If an agreement to relocate with the children cannot be reached at mediation, then you must make an Application to the Family Court of Australia to obtain final orders permitting the relocation.

If a parent is seeking to relocate overseas or internationally they must show to the court that it is the best interests of the child to do so.

If you are seeking to relocate then you will need to persuade the court that you have a realistic plan to ensure that your children have a meaningful relationship with the other parent.

For a parent to oppose the relocation they will need to show that the quality or a meaningful relationship would be damaged or diminished by the international relocation.

The benefit of the child having a meaningful relationship with both parents is always the first consideration!

Our team is super-friendly and has many years of experience in complex parenting and custody matters which involve relocating overseas with children. Contact us for more information.