The decision regarding a child’s place of residence is a long-term decision. Parents generally have shared responsibility for long term decision-making for the children such as their religion, education, serious medical decision and other long-term matters, which includes the issue of residence. Relocation, being the change of a child’s living arrangements which will make it more difficult for a child to spend time with either parent, is one of those issues that parents are required to discuss and make a genuine effort to settle between them.
The child’s relocation (interstate or otherwise) without the other parent’s consent requires urgent action. It is often the case that if a parent unilaterally leaves the state, taking the child or their children with them, it may be difficult to have them return depending on the circumstances. Immediate action should be taken to address the relocation, and advice should be sought.
From the perspective of a parent seeking a relocation with their children, it is important to obtain personalised and tailored advice to understand what can or cannot be done, the options available to you and the risk or consequences of particular actions being taken.
From the perspective of a parent opposing any relocation, there are preventative measures that can be put in place, which may stop any unilateral action being taken and there are recovery actions that can be taken if a unilateral relocation has occurred.
Should any of the above resonate with you or someone you know, please contact the Family Law Team at Culshaw Miller Lawyers on (08) 9488 1300.