Blog post by Kate Chisholm
The Family Court views the relocation of a parent with their child to another town as a serious matter. If the relocation affects the amount of time that the other parent can spend with that child, the Court may make an order preventing the parent from moving.
If You Can Agree About Relocation
It may be that you are able to agree to vary your current parenting arrangements, should the relocation take place, to allow your child to spend more time with you during the school holidays. It is important to formalise any new arrangements with a parenting plan or apply for a consent order from the Family Court before the move occurs.
If You Are Unable To Agree About Relocation
Please be aware that a parent can apply to the Court for a relocation order allowing them to move. The Court will take into consideration the bests interests of the child, their schooling, the care arrangements available should the relocation take place and the support network they would be leaving behind should they move. Recent case law has shown that the Court will allow the relocation of a child with a parent if it can be established that it will not affect the strength and meaningfulness of the relationship with the non-relocating parent.
Help! My Ex Has Already Moved With The Children Without My Permission!
If your ex-partner has relocated without coming to an agreement with you first, it is possible to apply to the Family Court for an order compelling them to return until the matter can be considered. If this order is contravened, the Federal Police may be called upon to enforce the order.
It is important to obtain legal advice on the enforceability of a parenting plan and the correct procedure for applying for an order from the Court. Contact Kate Chisholm of Culshaw Miller Divorce & Family Lawyers for more information.