Relocation of Children

Child relocation occurs when a child’s living arrangements change after separation or divorce making it difficult for the child to spend time with both parents.

Under the Family Law Act, relocation refers to a separated parent or guardian wanting to move their child intrastate, interstate or internationally, which would directly impact the other parent’s time spent with the child.

This is a matter which relates to parental responsibility and is covered under s65DAA of the Family Law Act.

If you’re in this situation, you will need consent from the other parent, or an order from the Family Court, before you can move.

Relocation of Children Cases

These days, relocating after separation is becoming progressively more common among families. There are an increasing number of cases in the Family Court of Western Australia and the Family Court of Australia where parties are seeking orders to permit relocation with their children.

Thomson Family Lawyers can assist you with the complexities involved in relocation matters, including providing advice and assistance during negotiations. This helps to achieve mediated solutions, as well as offering guidance, direction and advice for litigated matters involving relocation.

What Factors Into Relocation Arrangements?

The rearrangement of a child’s living situation can cause other issues to arise. This includes the time a child will spend with the non-relocating parent and the costs that may arise from associated travel, how often they will communicate, as well as matters relating to child support.

These issues must all be addressed by the parent proposing to relocate (relocating parent), and that’s where Thomson Family Lawyers are here to help.

Helping You Reach an Agreement 

Our dedicated team of child relocation lawyers in Perth also provide advice on a range of related matters upon which we can help you reach agreement with your former partner/other parent.

These include restraints preventing the removal of a child from a state or country, prevention of issuing children’s passports, through to urgent action in the event of unilateral relocation.

In addition to this, we also offer advice and action in respect of matters relating to international child abduction.

If you have relocated to Perth with your children, or if you have a partner who has relocated with your children to another State, Thomson Family Lawyers are able to assist you and advise on your case, including representation in all jurisdictions and the various Courts around Australia in which Family Law cases are heard and determined.

We will work with you from initial consultation until final hearing to help you achieve the best possible outcome.

Dealing with a Family Court Order

Court Orders are at times required where mediation can not resolve the parent’s wishes, either in terms of the relocating parent or the other parent. A court order may be required to ensure the child’s interests or the best interests of the child’s relationship to his/her parents is achieved.

The Court may consider the child’s views in order to ascertain what is in the best interests of the child. The Court will also consider a number of other matters, taking into account a wide range of factors, to determine what the Court considers is in the best interests of a child. These factors include:

  • Who is the child’s primary carer, how is each parent currently spending time with the child, and how is parental responsibility currently shared?
  • Are there any compelling reasons for the proposed relocation?
  • How the child spends school holidays
  • Ensuring each parent has the opportunity to have a meaningful relationship with the child
  • Protecting the child or other parent where family violence has occurred or is likely to occur
  • Any threat or evidence of psychological harm that the child may experience
  • The level of family support available for each parent from different family members or other relatives
  • Family support in the form of a new partner
  • Existing parenting arrangements, parenting plan or parenting orders by agreement or family court order
  • The child’s current school and educational environment
  • Any other significant person or other children involved
  • Any special circumstances or urgent circumstances to consider
  • Given all factors what will be in the best interests of the child

Parental Responsibility of the Relocating Parent

A child relocation agreement needs to balance parental responsibility to the child, for both parents, and the best interests of the child.  Unless the Court orders otherwise, both parents of the child will have Equal Shared Parental Responsibility, regardless of whether relocation of a child occurs.  The Court has the power to grant Parental Responsibility solely to one parent, or to grant one parent sole Parental Responsibility in respect of certain decision making concerning the child, such as health or education.

Where both parents wish to retain Equal Shared Parental Responsibility, or if both parents agree on one parent retaining sole Parental Responsibility, we can represent you in negotiating and achieving an amicably agreed outcome. It is always preferable to mediate towards an agreement, as opposed to litigating in Court.

However, this is not always possible. Where there are threats to remove or abduct a child we recommend working as quickly as possible to protect against this, which often requires an Application to the Family Court for Orders to prevent the removal of a child. Relocation orders from a central authority can be enforced under criminal law.

Overseas Travel and Relocation

Other factors which need to be considered in the making of a child relocation order include the destination to which the parent is wanting to relocate the child, whether there is significant distance between parents, and the location at which the child lives with the other parent.

Whilst interstate relocation is most common, international relocation also presents unique factors to consider.

This may involve a child alert request or child alert order in response to one parent threatening to take a child overseas without written consent from the other parent, or an Order of the Court.

It may alert the Australian passport office to the issue which puts an alert on the child’s passport or authorities of unauthorised overseas travel via an airport watch list, thus preventing a child from being removed from Australia other than on agreed or Court Ordered terms.

Working Towards A Best Interests Outcome

We have in-depth experience working a vast range of child relocation cases. Working with our team we can apply to the Court for orders to protect your child or children involved.

Depending on your circumstances we can apply to the court for order that include: a recovery order, relocation order, parenting order, consent orders, or any further order the Family Court makes.

Our team will work with you, the other parent/former partner, and the Courts to achieve a written agreement that the court considers the best for all parties.

Time is of the essence in any relocation matter.

So do not delay in seeking legal advice, if your case relates to relocation of any kind.

Thomson Family Lawyers have experience in the Family Court of Western Australia, as well as Family Court of Australia and various Federal Circuit Court around Australia. Contact us for information about our child relocation cases or to have your child returned.

For more information regarding our child relocation services, contact Thomson Family Lawyers or visit our Perth office today.

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At Thomson Family Lawyers, we’re committed to providing all of our clients with the same high level of service, excellence and care they deserve.

We understand engaging with a family lawyer can be a difficult and confusing time, which is why we’re here to help.

If you need to speak to one of our family lawyers in Perth, book your consultation today!

For international or interstate clients, appointments can be made via telephone.

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