Child Relocation matters are stressful and complex. We have extensive long-term experience in relocation and children. We have represented many parents wanting to relocate with children with confidence and success.
What are child relocation orders?
Child relocation orders are another type of parenting order which can be made by consent or by a court. However, child relocation matters are often complex and highly specialised.
Unlike parenting orders where both parents live in the same city or within a reasonable distance to each other, relocation involves many considerations including the cost of spending time with children who are not nearby and the impact on the relationship between the child and non-relocating parent.
Do I need my ex-partner’s consent to relocate?
In general, it is best to get consent from your ex-partner to relocate, especially if they have a relationship and are involved in the children’s care and upbringing. However, this may not be necessary in all situations.
Before you do anything, it is best to seek proper relocation and children advice.
Can I relocate with my children because of domestic violence?
General Information – Relocation Matters
It is not uncommon for parents who have separated to want to return home to extended family and friends. Home for one parent may be a different state or another country.
Relocation parenting matters are difficult where one parent opposes the relocation, however recent cases have shown that relocation applications can be successful if the best interests of the child will be served by the relocation.
Relocation parenting cases are not a separate or special category of parenting cases, they are treated as all parenting cases are, with the best interests of the children being paramount.
Whether you are thinking about relocating or are opposing the relocation, what you need to remember is the importance of your children being happy, settled and having a relationship, or being able to have a relationship, with the other parent which is positive and healthy.
The factors that the Court will examine when asked to consider the question of relocation include the follow:
1. The age of the children;
2. The wishes of the children, where appropriate;
3. The existing relationship and parenting arrangements between the children and each parent and extended family;
4. The existence of any Family Violence Orders or whether domestic violence is an issue;
5. The financial circumstances of the parents;
6. The involvement of each parent in the making of long-term decisions for the children;
7. The effect of any changes on the parenting arrangements upon the children.
Going to Court for relocation parenting matters can be a stressful and uncertain time, we understand this, and it is for this reason that we are able to guide you through the litigation process. We will offer you our expert advice and always consider your emotional and financial costs in going to Court.
If you require our assistance with your relocation parenting matters, contact us.