Relocation of Children Gold Coast

When is a move a “relocation”?

A relocation is a move by one parent that would make it significantly more difficult for the children to spend time with the other parent. It might be a move interstate or overseas, but even a move a few hours away within Queensland can qualify. Under the Family Law Act 1975, a change to a child’s living arrangements that makes it significantly harder to spend time with a parent is a major long-term issue. If parents share decision-making, or there are parenting orders in place, the move needs the other parent’s agreement or a court order.

What the court considers

The court decides relocation cases based on the child’s best interests. A parent who wants to move does not have to prove a compelling reason, but the court will look closely at:

• the reasons for the move, such as family support, employment, housing or a new relationship;
• the effect on the child’s relationship with the parent who is staying, and with siblings, grandparents and friends;
• the practical arrangements proposed, including travel time, costs, school holidays and video calls;
• any family violence or safety concerns; and
• the child’s views, depending on their age and maturity.

Planning a move with your children

The strongest relocation proposals are detailed and realistic. Talk to the other parent early, attend family dispute resolution, and put forward a plan that shows how the children will keep a meaningful relationship with both parents. Moving first and asking later can seriously damage your case, and the court can order the children to be returned.

If the other parent has moved, or is about to move, without agreement

If the children have been taken interstate or to another part of Queensland without your consent, you can apply urgently for a recovery order and parenting orders. If you are worried the children may be taken overseas, the court can order that they be placed on the Australian Federal Police Family Law Watchlist, which alerts authorities at airports and seaports. Acting quickly matters. See our child abduction page for more information.

Whether you want to move or want to stop a move, we can help you understand your options. Call 1300 225 393 or book a free discovery call.

How the Court Decides Relocation Cases

The court’s focus is the child’s best interests, not what is best for the parent who wants to move. It looks at the benefit of a meaningful relationship with both parents, the need to protect the child from harm, the practical effect of the move on the other parent’s time and communication with the child, the genuine reasons for the move, each parent’s capacity to meet the child’s needs, and how settled the child is at home, school and in the community. Offers such as funded visits or extra holiday time are considered, but a few visits a year are rarely treated as equal to regular, ongoing time.

The Process, Step by Step

• Get advice early. Speak to a family lawyer as soon as a move is being considered, before making commitments such as a new job or school.
• Try family dispute resolution. You generally need to make a genuine attempt at mediation before going to court, unless it is unsafe, for example where there is family violence.
• Apply to the court. If you cannot agree, the parent who wants to move applies for parenting orders allowing it, and the other parent can apply for orders stopping it.
• The hearing. Both parents file evidence, often including a family report, and a judge decides whether the move can go ahead and what arrangements apply.

Risks of Moving Without Consent

Moving a child without the other parent’s agreement or a court order can lead to an order for the child’s immediate return, changes to care arrangements, enforcement proceedings, and findings that count against you in later decisions. Taking a child overseas without consent can also engage the Hague Convention on international child abduction. See our child abduction lawyers page if that has happened.