same principles apply to relocation matters as in ordinary
children's matters under the Family Law Act. The most
important this is that the best interests of the children are
If you're contemplating a significant move and the other parent
won't give their consent, you can apply to the Federal Magistrates
Court or Family Court of Australia for children's orders to change
where the children live. To be successful, you will need to
demonstrate that the proposed new arrangement, even if that new
arrangement involves a move interstate or overseas, is in the best
interests of the children.
This may involve you demonstrating that the non-relocating parent
can continue to have a meaningful relationship with the children
even if the relocation takes place. This could be by way of
regular visits, telephone calls etc.
Essentially, the children's best interests must be weighed and
balanced with the "right" of the proposed relocating parent's
freedom of movement.
Are you planning a move interstate or overseas with your children?
Make sure you get expert legal advice and assistance. At
Andersons we'll look after your interests.
For more info, visit us at: /areas-of-practice/family-law.aspx