Can I Relocate with My Child?

Can I Relocate with My Child?

Child relocation is an important legal area for those who have been separated or divorced and who share a child or children together. Understanding the WA family law framework for this situation requires guidance by a trusted Family lawyer such as one of the lawyers in the team at Thomson Family Lawyers. 

We have a wealth of experience dealing with child relocation cases and have the expertise to guide you and your child/ren through what is most likely a stressful and tricky set of circumstances. Through our work, we come across a number of frequently asked questions (FAQ) regarding child relocation. Below, we have summarised some of these for your benefit.

• Can I relocate with my child to another state in Australia?
• Can I relocate with my child to the UK?
• If I expect the proposed relocation to be contested, what should I do?
• Can one parent prevent a child from relocating?
• Can victims of child abuse get relocated?
• How does relocation affect a child?
• How long does a child relocation case take?
• How can I fight child relocation?

For Child Relocation Legal Advice & Representation, speak to the team at Thomson Family Lawyers.

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Can I relocate with my child to another state in Australia?

Relocating with your child to another state in Australia is possible, but it depends on your circumstances and whether the other parent agrees. Under Western Australian family law, if you share parental responsibility, you generally need either:

1. The other parent’s consent – If both parents agree, it’s best to document the agreement in writing (e.g., a parenting plan or consent orders) OR
2. A court order – If the other parent does not agree, you’ll need to apply to the Family Court of WA for permission to relocate.

If there are no Court Orders in force regarding parental responsibility, then you will need to have the consent of the other parent, before relocating with a child of the relationship.

What the Court Considers:

If a Court order is required, the Court will assess whether the relocation is in the best interests of the child. This will involve considering factors such as:

• arrangements that promote the safety of the child and persons who have the care of the child, 
• the benefit to the child of being able to have a relationship with both parents and any other people who are significant to the child;
• the developmental, psychological, emotional and cultural needs of the child; and 
• other matters determined by the Court, such as those matters which may be relevant to the particular circumstances of the child.  

It may not be necessary for the relocating parent to have a compelling reason for the proposed relocation; however, the Court will be concerned with matters that relate to the best interests of the child and how those matters are impacted by a proposed relocation.

If You Relocate Without Consent:

If you move without the other parent’s consent or a court order, the other parent may apply for a recovery order, which could require you to return the child to WA.

We strongly advise seeking professional, experienced legal advice regarding any child relocation situation before you relocate, and also, before committing to any agreement with the other parent regarding the terms of any relocation.

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Can I relocate with my child to the UK?

Relocating to the UK or another overseas destination with your child is a more complex process than moving interstate. In Western Australia, you must have either: A) The other parent’s consent OR b) A court order – If the other parent does not agree, you’ll need to apply to the Family Court of WA for permission.

As stated above, the court will consider a number of factors relating to the child and their relationship to the non-relocating parent in determining their court order.

Risks of Relocating Without Permission:

If you move without the other parent’s consent or a court order, the other parent can apply for a recovery order or even seek an order under the Hague Convention on International Child Abduction, which could force you to return with the child.

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If I expect the proposed relocation to be contested, what should I do?

If you expect the other parent to contest the relocation, here are some next steps to consider:

1. Get Legal Advice

Since international relocation cases can be complex, it’s best to consult a family lawyer who specialises in WA family law such as Thomson Family Lawyers. We will be able to guide you on the best approach and help prepare your case.

2. Seek to Negotiate

Before going to court, try to discuss and negotiate with the other parent. Mediation through Family Dispute Resolution (FDR) is often required before you can apply to the court. If an agreement is reached, you can formalize it through consent orders.

3. Apply to the Family Court of WA

If the other parent does not agree, you will need to apply to the Family Court of WA for a relocation order. The court will consider whether the move is in the child’s best interests (not just yours).

To strengthen your case, you should provide:
– A detailed plan – Where you’ll live, your job prospects, school options, healthcare, and support network overseas.
– Proposed contact arrangements – How the child will maintain a meaningful relationship with the other parent (eg holiday visits, video calls, financial support for travel).
– Reasons for relocation – Why the move is beneficial for the child (eg better opportunities, family support, stability).

4. Prepare for Opposition

The other parent may argue that:
– The relocation will harm their relationship with the child.
– The child will lose connection with family, school, or community in WA.
– Alternative options (like the relocating parent staying in WA) would be better.

The court will weigh both sides carefully before making a decision.

5. Do Not Relocate Without Permission

If you leave Australia without consent or a court order, the other parent can apply to the court ordering the child to be returned.

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Can one parent prevent a child from relocating?

Yes, one parent can prevent the child from relocating if they do not consent and successfully challenge the relocation in the Family Court of WA.

How a Parent Can Prevent Relocation

1. Refusing to Consent – If one parent does not agree, the relocating parent must apply to the Family Court for permission. Without an order, the move cannot legally happen.
2. Applying for a Court Order (Injunction) – The non-relocating parent can apply to the court for an injunction to stop the child from leaving WA or Australia.
3. Placing the Child on the Airport Watchlist – If there’s a risk the other parent might relocate without permission, the non-relocating parent can apply to have the child’s name placed on the Family Law Watchlist (Airport Watchlist) to prevent international travel.
4. Arguing Against Relocation in Court – If the matter goes to court, the opposing parent can argue that:
   • The move is not in the child’s best interests (eg loss of meaningful relationship, lack of stability).
   • Travel arrangements would be too difficult or expensive.
   • The relocating parent’s reasons are not strong enough (eg personal preference rather than necessity).

What Happens in Court?

The Family Court of WA will assess:

• The child’s best interests – The main legal test.
• The relationship with both parents – Will relocation damage this bond?
• Practical contact arrangements – Can the non-relocating parent still have meaningful contact?
• Genuine reasons for moving – Is the relocation necessary or just convenient?

Final Outcome

• If the court grants relocation, the moving parent can leave with the child.
• If the court denies relocation, the child must stay in WA.

Would you like help understanding how to challenge or defend a relocation case?

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Can victims of child abuse get relocated?

Yes, victims of child abuse can be relocated, but it depends on the circumstances and whether the Family Court of WA considers relocation to be in the child’s best interests.

If There Is Proven Child Abuse

If a child has been abused (physically, emotionally, or sexually), the court may:
– Grant relocation to protect the child.
– Restrict or remove the abusive parent’s contact (e.g., supervised visits, no contact).
– Issue a Family Violence Restraining Order (FVRO) to prevent further harm.

What You Need to Do

1. Report the Abuse – If there’s ongoing risk, report it to Child Protection (Department of Communities) or the police.
2. Get a Court Order – If the other parent does not agree to relocation, apply to the Family Court of WA for permission.
3. Provide Evidence – Medical reports, police reports, child psychologist statements, or witness testimonies can strengthen your case.
4. Apply for an Airport Watchlist Order (If Needed) – If you’re worried the abusive parent might take the child overseas without consent, you can apply to place the child on the Family Law Watchlist.

Court’s Decision Factors

The court will prioritize:

•  The child’s safety and well-being.
•  The impact of the abuse on the child.
•  Whether relocation will reduce risk and provide stability.
•  How to maintain relationships safely (if possible).

If relocation is the best option for the child’s safety, the court is likely to approve it.

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How does relocation affect a child?

Relocating can have both positive and negative effects on a child, depending on their age, the reason for the move, and how it’s managed. Here’s a breakdown of potential impacts:

Positive Effects of Relocation

1. Improved Safety or Stability
   • Protection from abuse or neglect – If the move is to escape an unsafe environment (e.g., from an abusive parent or community), it can provide emotional and physical safety.
   • Better living conditions – A move to a safer or more stable environment (e.g., improved housing, better access to support services) can contribute to a child’s well-being.
2. Access to Family or Support Networks
   • Stronger family ties – Moving closer to extended family members (e.g., grandparents, uncles, aunts) can create a more supportive and enriching environment.
   • Emotional support – A closer connection with a wider family circle or a more supportive community can improve a child’s mental health.
3. Educational or Developmental Opportunities
   • Better schooling – Relocating to an area with better schools can improve a child’s educational opportunities and long-term prospects.
   • Access to specialized services – A move might provide access to better healthcare, therapy, or educational resources that are important for the child’s development.
4. Reduced Conflict
   • Less exposure to parental conflict – If the move is to reduce or eliminate conflict between parents, it can benefit the child’s emotional well-being by offering more stability.

Negative Effects of Relocation

1. Disruption to the Child’s Routine
   • Separation from friends and community – Moving away from familiar friends, school, and community can cause sadness and a sense of loss.
   • Adjustment to a new environment – A child might struggle to adapt to a new home, school, or neighborhood, particularly if the relocation happens suddenly.
2. Emotional and Psychological Impact
   • Feelings of grief or abandonment – The child might feel abandoned by the parent left behind or upset about leaving the other parent.
   • Anxiety or stress – Change can be stressful, especially for younger children or those with attachment issues.
3. Difficulties in Maintaining Relationships
   • Reduced contact with the non-relocating parent – Moving away can make it more difficult for the child to maintain a meaningful relationship with the parent left behind.
   • Less contact with friends and extended family – Moving far away can result in less frequent visits, which can affect a child’s sense of connection to extended family.
4. Loss of Stability or Continuity
   • Adjustment to new schools or healthcare providers – The child may have to adjust to a new school system, make new friends, or find new healthcare providers, which can be unsettling.
   • Disruption of support systems – Moving away from established relationships with teachers, doctors, or therapists can create a feeling of instability.

How to Minimize the Negative Impact

• Ensure clear communication – Keep the child informed about the move and its reasons, especially if the child is old enough to understand.
• Maintain routines and consistency – Try to keep the child’s daily routines (e.g., bedtime, meals) as consistent as possible during the transition.
• Facilitate ongoing contact – Set up regular video calls, phone calls, and visits with the parent who is not relocating to maintain the relationship.
• Seek professional support – If needed, a child psychologist or counselor can help the child cope with the emotional challenges of relocating.

Relocation can offer significant benefits, especially in cases where safety, stability, and support are improved. But it can also pose challenges, particularly for children who have strong emotional ties to their existing environment.

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How long does a child relocation case take?

The length of a child relocation case can vary depending on a number of factors, but generally, it can take anywhere from several months to over a year to reach a final decision, especially if the case goes to trial. Here’s a breakdown of the typical timeline:

1. Pre-Court Steps (Mediation and Filing)

• Family Dispute Resolution (FDR): Before filing in court, parents are generally required to attend mediation (FDR) to try and resolve the dispute. This process can take 1 to 3 months, depending on availability and whether an agreement is reached.
• Filing an Application: If mediation doesn’t work, the relocating parent must apply to the Family Court of WA for permission. Once the application is filed, the court will issue a Notice of Response to the non-relocating parent, who must respond within 28 days.

2. Court Hearings

• First Hearing (Interim Orders): After the application is filed, the court will set an interim hearing to determine whether temporary orders should be made (e.g., whether the child should stay in WA or whether the relocation can proceed). This can happen in 2 to 3 months, but the timeline can vary.
• Subsequent Hearings and Mediation: There could be additional hearings or mediation sessions in the lead-up to a full trial. These hearings might involve gathering more information, such as evidence of the relocation’s impact or the child’s best interests. This can take another 3 to 6 months.
• Trial (If Necessary): If the case goes to trial, it can be a lengthy process. A trial could take anywhere from 6 months to a year, depending on the complexity of the case, the number of witnesses, and how quickly the court can schedule hearings. Trials often involve expert reports (e.g., child psychologists, social workers), which can extend the timeline.

3. Final Decision

• After the trial or final hearing, the court will issue a decision, which could take anywhere from a few weeks to a couple of months. The judge will consider all evidence, including the child’s best interests and the ability to maintain a relationship with both parents.

Factors That Affect the Timeline

• Agreement between parents: If the parents can agree outside of court, the process can be much quicker, possibly only a few months.
• Court backlog: If the court has a high volume of cases, delays can happen, pushing the case further out.
• Complexity of the case: If there are complicated issues (e.g., allegations of abuse, international elements), it can take longer.
• Availability of expert reports: If the court requires psychological evaluations or other expert input, it can take more time to gather the necessary reports.

Summary Timeline

• Mediation & Initial Filing: 1–3 months
• Interim Orders & Hearings: 2–6 months
• Trial (if needed): 6 months to 1 year
• Final Decision: A few weeks to a couple of months after trial

In total, if the case is contested and goes to trial, the entire process could take 6 months to 1.5 years.

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How can I fight child relocation?

Fighting a child relocation case can be challenging, but if you have valid reasons to oppose the move, there are ways to present a strong case. Here are the steps to help you effectively fight a child relocation:

1. Understand the Legal Framework

The Family Court of WA will prioritise the best interests of the child when making a relocation decision. Your goal is to convince the court that the child’s best interests are better served by remaining in WA, rather than relocating. The key legal factors the court will consider include:

• The child’s relationship with both parents.
• The impact of the move on the child’s emotional, physical, and psychological well-being.
• The ability to maintain a meaningful relationship with the non-relocating parent.
• The reasons for the move (e.g., personal convenience vs. necessity like better opportunities or escaping unsafe situations).

2. Gather Strong Evidence

To successfully oppose relocation, you will need to present compelling evidence that the move isn’t in the child’s best interests. Evidence that can strengthen your case includes:

A) Relationship with the Child

• Show the strong bond you have with the child and how the relocation would negatively affect that relationship.
• Highlight any regular contact, special routines, or shared activities that would be disrupted by the move.
• Child’s preferences: If the child is old enough, their preference may be considered by the court. If the child is opposed to moving, this can be a strong argument.

B) Negative Impact of the Relocation

• Emotional impact: Provide evidence that the child will experience emotional distress or psychological harm from the move, such as losing a support network or the ability to maintain a relationship with you.
• Disruption to education: If relocating would negatively impact the child’s education, such as leaving behind a good school or friends, this can be an important factor.
• Community ties: If the child has strong connections to extended family, friends, or community members in WA, it can be argued that uprooting them is not in their best interests.

C) Feasibility of Maintaining Contact

• Demonstrate that meaningful contact with the child would be difficult or expensive if the relocation takes place (eglong-distance travel, prohibitive costs).
• Offer alternatives for maintaining contact, like video calls, phone calls, or visitation arrangements, and show that these wouldn’t be sufficient to maintain a strong relationship with the child.

D) Your Position and the Child’s Best Interests

• Argue that the move isn’t necessary: If the relocation is for reasons that are not essential (eg personal convenience, financial gain), argue that the move isn’t in the child’s best interests.
• Highlight that maintaining stability and consistency in the child’s life is vital and that the relocation would disrupt their sense of security.

3. Suggest Alternatives

Instead of just opposing the relocation, it’s often helpful to propose reasonable alternatives that can address the relocating parent’s concerns without removing the child from their current environment. These might include:

• Alternate arrangements for the child to see the relocating parent more often (eg more frequent visits, extended holidays).
• Relocation to a closer area allows for more reasonable access and a continued relationship with both parents.
• Offering shared parenting arrangements or different ways to balance both parents’ involvement in the child’s life.

4. Seek Professional Help

• Family Counselling/Psychological Reports: A psychologist or family counsellor can help assess the impact of the relocation on the child and provide expert testimony on what is in the child’s best interests.
• Parenting Coordinator: A neutral third party who can help facilitate discussions and work on a solution outside of the courtroom.
• Legal Representation: A family lawyer can help ensure your arguments are framed effectively, and your evidence is presented in the best possible light.

5. Mediation and Settlement

Before the case goes to court, mediation is often required as a way to try to resolve the issue without litigation. Here, you can:

• Negotiate with the relocating parent to reach a middle ground, perhaps agreeing to a temporary arrangement or modified visitation.
• Propose a parenting plan that includes how the child’s relationship with both parents will be maintained even if relocation occurs.

6. Prepare for Court

If the matter ends up in court, here’s what to expect:

• Interim Orders: You might ask the court to stop the relocation until the case is decided.
• Expert Reports: You may need expert opinions, such as psychological evaluations of the child or testimony from educators.
• Witnesses: If relevant, family members, friends, or teachers can be called to testify on how the relocation will impact the child.
• Be prepared for the child’s perspective: The court may ask for input from the child, depending on their age and maturity.

IMPORTANT: For all of the above, please consider this information general in nature.

For professional and experienced legal advice, contact us at Thomson Family Lawyers. We are available to help you and your child/children get the best possible outcome.