When separated parents disagree about one party moving away with a child, the situation can quickly become complicated, both legally and emotionally. These are known as relocation disputes, and they are among the more difficult matters in family law. The involvement of a child custody lawyer is crucial, especially in regions like the Gold Coast where families are highly mobile and co-parenting arrangements may be long-standing.
At Collective Family Law Group, we regularly assist parents through the legal maze of relocation, ensuring their rights are upheld and, most importantly, that the best interests of the child remain the central focus.
What is a Relocation Dispute?
A relocation dispute arises when one parent wants to move to a different location—within Queensland, interstate, or overseas—and the move would affect the child’s relationship with the other parent.
The Family Law Act 1975 does not specifically refer to relocation, but case law makes it clear that moving a child without agreement from the other parent, or without the court’s permission, is risky and may result in a court order to return the child. If a move makes it difficult or impossible for the other parent to see the child regularly, the courts are likely to intervene.
Why Relocation is Such a Big Issue
In parenting disputes, the family courts always prioritise the best interests of the child. This principle guides every relocation decision. A move that may benefit one parent, such as for a job, family support, or a new relationship, can deeply affect the child’s established routine, schooling, social environment, and relationship with the other parent.
This is why relocation cases are highly fact-specific. There is no general rule, and courts do not presume that moving is good or bad. The outcome depends on each family’s unique situation. That’s where a child custody lawyer can make a difference.
Common Reasons Parents Seek to Relocate
We regularly see relocation requests on the Gold Coast for reasons such as:
- Reuniting with family support in another city or state
- Pursuing a new job or promotion
- Starting a new relationship that involves moving
- Wanting to change the child’s school or community for lifestyle or safety reasons
- Returning to a previous home or country of origin
Regardless of the reason, the parent proposing the move must either obtain the other parent’s written consent or apply to the court for permission.
How the Court Assesses Relocation Applications
When asked to decide on a relocation matter, the Federal Circuit and Family Court of Australia applies several principles. The main one is always the child’s best interests.
Other considerations include:
- The benefit to the child of a meaningful relationship with both parents
- The need to protect the child from harm, including exposure to conflict or family violence
- The practical impact of the relocation on the other parent’s ability to spend time with and communicate with the child
- The reasons for the proposed move and whether they are genuine
- How well the child is currently settled in their home, school, and community
Importantly, courts are not meant to assess what is “best” for the parent wanting to move, but how the move will affect the child.
The Legal Process: Step by Step
1. Get Legal Advice Early
As soon as relocation is being considered, speak to a family law solicitor. Acting early gives you time to prepare and avoids making rushed decisions that could later impact your position.
2. Seek Agreement Through Mediation
Before applying to court, you must make a genuine effort to resolve the issue through family dispute resolution (mediation), unless it is unsafe to do so—for example, where family violence is involved.
Mediation is an opportunity to explore practical solutions, such as increased holiday time, changes to communication arrangements, or halfway relocation options.
3. Court Application
If no agreement can be reached, the relocating parent must apply to the court for a Parenting Order allowing the move. The non-relocating parent may apply for orders to stop the child from being moved.
4. The Court Hearing
Both parents must present their evidence. This may include affidavits, expert reports (e.g., family consultants), and statements about how the move would affect the child.
A judge will then decide whether to allow the relocation and what arrangements should be in place for the child.
Risks of Moving Without Consent
A parent who moves a child without the other parent’s or the court’s permission may face serious legal consequences. These can include:
- An order for the immediate return of the child
- Loss of primary care arrangements
- Enforcement orders and fines
- A court finding that their behaviour damaged the child’s relationship with the other parent
In cases involving international relocation, the Hague Convention on child abduction may also apply. This is why relocation matters should never be approached without professional legal guidance.
The Role of a Child Custody Lawyer
A child custody lawyer on the Gold Coast can provide essential support, including:
- Clarifying your legal position and options
- Preparing strong evidence that supports your application or opposition
- Negotiating with the other party to explore compromises
- Representing you in mediation or court
- Protecting your child’s interests throughout the process
At Collective Family Law Group, we’ve helped many parents present compelling cases for or against relocation. We understand the emotional strain and practical challenges, and we act with sensitivity and determination to achieve workable outcomes.
Practical Considerations for Relocation
When advising clients, we often explore the following:
- How the child’s travel to the other parent will be managed
- Whether the child will cope with distance and change
- How technology (video calls, messages) will be used to maintain regular contact
- How the relocating parent will encourage and support the child’s relationship with the other parent
Courts look favourably on parents who show a willingness to cooperate and put the child’s needs first. Creating a detailed and realistic parenting proposal is often key to success.
Gold Coast-Specific Challenges
On the Gold Coast, where families are frequently international or interstate, and employment and housing costs drive mobility, relocation disputes are more common. Parents may wish to return to Brisbane, Sydney, or even overseas following separation.
Judges in the Southport registry are familiar with these local pressures but remain focused on what will give the child the best emotional and practical support. This is why tailored, local legal advice is essential.
Final Thoughts
Relocation after separation is never a simple matter. It can profoundly affect your child’s well-being, your co-parenting relationship, and your own future. While each case turns on its facts, clear legal advice and thoughtful planning can make a real difference.
Whether you are hoping to move or want to prevent a relocation, our experienced team at Collective Family Law Group can guide you through every stage of the process.
FAQs
Can I relocate with my child if I have sole parental responsibility?
Even if you have sole parental responsibility, relocating without the other parent’s consent may still breach the law if it affects their time with the child. Always seek legal advice.
Will the court always say no to relocation?
Not necessarily. The court makes decisions based on the child’s best interests. If the move supports the child’s welfare and there are good arrangements for the other parent to stay involved, it may be approved.
What happens if the other parent has not been involved much?
If the other parent has had limited involvement, the court may weigh this when assessing whether relocation would seriously disrupt the child’s existing relationships.
What if I need to relocate urgently?
In urgent cases, such as for safety reasons, your lawyer can help you apply for urgent interim orders to protect you and your child.
Do I need a child custody lawyer for relocation disputes?
Yes. These are high-stakes, fact-heavy cases. A lawyer ensures your application is thorough and increases your chances of a positive outcome.
