Child Relocation

Travelling the distance

Child Relocation

Travelling the distance

One of the most significant impacts of COVID-19 has been people’s increasing desire to live closer to family, be that interstate or overseas.

With ex-pats moving home, those wishing to care for elderly parents, better job opportunities, moving with a new partner, or wanting to relocate for health and lifestyle reasons – relocation cases are on the increase.

One of the biggest challenges for parents wanting to relocate with their children after separation is whether they can legally. What options are there to have the children returned. For the left-behind parent, what arrangements can they make to ensure that their children maintain a meaningful relationship with them; what can they do to prevent relocation or if a unilateral relocation has already taken place?

What is Relocation?

If moving with your children to another town, state or country is going to impact the time that your child lives with or spends time with a parent or another significant person in their lives, your move is likely to be considered as a relocation. This means that you will need your ex-partner’s consent to relocate or seek permission from the family court before moving.

What is a unilateral relocation?

Moving your children without the other parent’s consent may lead to a recovery order made against you. This means that your children may be returned to the other parent typically with the assistance of the police. It also means that the court will consider your conduct when determining whether relocation should be granted.

If you are considering relocating or are a left-behind parent, you should seek legal advice, discuss options, strategies, and understand how the law applies to your specific circumstances.

Our Service

By using our service, you’ll get the benefit of our skills in dispute resolution in addition to our strong court representation:

  • We can provide you with legal advice if you are the parent wanting to relocate or are the parent wishing to prevent relocation.
  • We can negotiate and put forward a child-focused relocation agreement on spending time arrangements and providing key terms.
  • Drafting parenting plans and consent orders for relocation.
  • Applying and/or responding to an application for relocation in the family court and advising on factors that the family court will consider.
  • Providing advice and representation at the family court on what to do if your ex-partner relocates before obtaining your consent.
  • Overseas relocation issues and the application of the Hague Convention for abducted children.

Arora Legal offers a range of fixed-fee legal and mediation services.  To find out how we can help you, BOOK your free 15-minute consult today or call 07 3180 0129 and speak to our specialist lawyer.  By contacting us today, you can take the first step towards resolving your family law issue and moving on to a brighter future.