(07) 3862 1955
Relocation after separation is one of the most complex and emotionally charged issues in family law. Whether you’re considering a move for a fresh start, a new job, or to be closer to family, relocating with your children isn’t just a personal decision—it has legal implications.
If you’re thinking about relocating with your children, it’s essential to understand your responsibilities under the Family Law Act ( and how to navigate this process.
What Does Relocation Mean in Family Law?
In family law, relocation refers to moving children to a location that significantly impacts the time they spend with the other parent. This could involve moving interstate, overseas, or even within the same state if it affects the existing parenting arrangements.
Relocation often requires agreement between both parents or approval from the court, especially if there are parenting orders in place.
What to Consider Before Relocating
Relocation decisions must always be made with the best interests of the children in mind. The court will consider factors such as:
- The children’s relationship with each parent and other significant people in their lives.
- The reasons for the relocation, such as employment opportunities or family support.
- The impact of the move on the children’s emotional wellbeing and stability.
- The practicalities of maintaining the children’s relationship with the non-relocating parent.
Relocation isn’t just about the parent’s desires—it’s about what’s best for the children.
Do You Need Permission to Relocate?
If you share parental responsibility with the other parent, you’ll need their agreement to relocate with the children. Without agreement, you’ll need to apply to the court for permission.
If you relocate without permission or a court order, the other parent can file a recovery order, which may result in the children being returned to their original location.
How Do Courts Decide Relocation Cases?
When parents can’t agree on relocation, the court steps in to make a decision. The court’s primary consideration is the best interests of the children.
Some factors the court may weigh include:
- Whether the relocation improves the children’s quality of life (e.g., better schooling, family support).
- The practicalities of maintaining the children’s relationship with the other parent, including travel arrangements.
- The impact of refusing the relocation on the relocating parent’s circumstances.
The court balances these factors carefully, as relocation often means one parent spends significantly less time with the children.
Tips for Managing Relocation Disputes
Relocation disputes can be highly emotional, but approaching the process with a cooperative mindset can make all the difference. Here are some tips:
- Communicate Openly
Discuss your reasons for relocating and how you plan to maintain the children’s relationship with the other parent.
- Seek Legal Advice Early
Get advice from an experienced family lawyer to understand your rights and obligations.
- Consider Mediation
Mediation can provide a neutral space to negotiate a relocation agreement without going to court.
- Put the Children First
Keep the focus on what’s best for the children, not just what works for you.
How Brisbane Family Law Centre Can Help
Relocation cases require a careful balance of practical planning and legal expertise. At Brisbane Family Law Centre, we’ll guide you through the process, whether you’re seeking permission to relocate or opposing a proposed move.
We’ll help you explore all your options, from mediation to court applications, ensuring your children’s best interests remain the priority. Reach out for further help.
Final Thoughts
Relocation isn’t just about making a move—it’s about finding the right balance for your children and your family’s future. With so much at stake, taking early and informed steps can help you navigate this process with clarity and confidence.
If you’re considering relocation or responding to a relocation request, Brisbane Family Law Centre is here to provide expert advice and a strategy aligned to support you and your children.
