Child Relocation Family Law Experts - Cominos Family Lawyers

Child Relocation

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 a another type of parenting order. They can be made by consent or by a court.

Typically however child relocation matters are complex and highly specialised.

Unlike parenting orders where both parents live in the same city or within a reasonable distance to the other parent, relocation involves many considerations including the cost of spending time with children who are not nearby and considering the impact on the relationship of the child with the non-relocating parent.

 

Do I need my ex-partner’s consent to relocate?

This will depend upon the parenting arrangements or orders that you and your ex-partner have.

In general, it is best to get the consent from your ex-partner to relocate, especially if they have a relationship and are involved in the children’s care and upbringing.

This however 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?

The court will consider many factors in determining whether your relocation with children will be successful.

At the core of the decision will be whether the relocation is in the best interests of the children. Domestic violence is a factor that the court will absolutely consider.

General Information – Relocation Matters

It is not uncommon for parents who have separated to want to return home to extended family and friends with children. 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 relocation 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 seen as 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 which is positive and healthy with the other parent.

The factors that the Family Court or Federal Circuit Court of Australia will examine when it is asked to consider the question of relocation include the follow in

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.