Relocating with Children After Separation: What Does the Law Say?

When parents separate, it is common for one parent to consider moving to another suburb, city, state or even another country. A relocation may be motivated by many factors, including employment opportunities, financial pressures, family support, a new relationship or the desire to return closer to family.

However, when children are involved, a parent cannot simply relocate with the children without considering the impact on the other parent and the children’s existing arrangements.

If the other parent does not agree to the proposed move, the relocating parent may need to apply to the Federal Circuit and Family Court of Australia for parenting orders allowing the relocation.

Relocation matters can be some of the most complex and emotionally challenging parenting disputes because they often involve competing interests. One parent may wish to move for important personal reasons, while the other parent may be concerned about losing regular time and involvement in their children’s lives.

Ultimately, the Court’s primary consideration is always the best interests of the children.

Can a Parent Move Away With Their Child After Separation?

A parent who wants to relocate with their child after separation generally needs either:

• The agreement of the other parent; or
• A Court order allowing the relocation.

If parents have an existing parenting order that sets out where a child lives or how they spend time with each parent, relocating without following those arrangements may breach the order.

Taking steps to relocate without agreement or Court approval can result in urgent legal action, including an application requiring the child to be returned.

Before making any major relocation decision, it is important to obtain advice about your rights and obligations.

At Irvine Lawyers, our experienced family lawyers assist parents throughout Victoria with complex parenting and relocation matters, helping them understand their options and the likely outcomes.

How Does the Court Decide Relocation Cases?

When determining whether a relocation should be permitted, the Court considers what arrangements will best promote the welfare and development of the child.

The Court does not simply decide whether the parent’s reason for moving is reasonable. Instead, it must carefully consider how the proposed relocation would affect the child’s relationship with both parents and their overall wellbeing.

Some factors the Court may consider include:

• The child’s relationship with each parent
• The impact of the relocation on the child’s ability to spend time with the other parent
• The child’s age, needs and circumstances
• The reasons for the proposed relocation
• The practical arrangements available after relocation
• The ability of each parent to support the child’s relationship with the other parent
• The financial and emotional impact of allowing or refusing the relocation

There is no automatic rule that a parent who wishes to relocate will be permitted to do so. Each case is determined based on its individual circumstances.

What Reasons May Support a Relocation Application?

A parent may seek to relocate for many different reasons. The Court will consider the circumstances surrounding the proposed move and whether it would ultimately benefit the child.

Examples of reasons that may be relevant include:

Access to family support

A parent may wish to relocate closer to grandparents, extended family or a support network that can assist with raising the children.

Having access to reliable family support may be an important consideration, particularly where a parent has limited assistance in their current location.

Employment or financial reasons

A relocation may be proposed because of improved employment opportunities, reduced living costs or greater financial stability.

The Court may consider whether the move would improve the family’s overall circumstances.

A new relationship

A parent entering a new relationship may wish to move to live with their partner.

While this can be a relevant factor, the Court will still focus on how the relocation would affect the children.

Family violence or safety concerns

Where a parent or child has experienced family violence or there are safety concerns, relocation may be sought to provide greater security and support.

The Court will carefully consider any risks and the impact of the proposed arrangements.

How Does Relocation Affect the Other Parent’s Relationship With the Children?

One of the most significant considerations in relocation cases is the effect the move may have on the child’s relationship with the other parent.

A relocation that significantly reduces a child’s ability to spend time with a parent may create challenges, particularly where the child currently has a close and regular relationship with both parents.

A parent seeking relocation may strengthen their application by proposing practical arrangements to maintain the child’s relationship with the other parent.

This may include:

• Regular video calls
• Longer holiday visits
• Adjusted parenting schedules
• Sharing travel responsibilities
• School holiday arrangements

The Court will consider whether these arrangements are realistic and whether they allow the child to maintain meaningful relationships with both parents.

Recent Changes to Australian Parenting Laws

Changes to the Family Law Act 1975 (Cth) came into effect in 2024, significantly changing the way parenting matters are considered by the Court.

Some important changes included:

• Removing the presumption of equal shared parental responsibility
• Removing the previous requirement to consider equal time arrangements
• Changing the factors considered when determining children’s best interests

The changes reinforced that parenting decisions must focus on the individual circumstances of each child rather than applying automatic assumptions about parenting arrangements.

This means relocation matters continue to be determined based on what arrangement best supports the child’s needs and circumstances.

What Happens If Parents Cannot Agree on Relocation?

Where parents cannot reach an agreement, they may need to attempt dispute resolution before commencing Court proceedings, unless an exemption applies.

If an agreement cannot be reached, either parent may apply to the Federal Circuit and Family Court of Australia for parenting orders.

The Court will then consider the evidence presented by both parents and determine whether the relocation should be allowed.

Relocation proceedings can involve detailed evidence about:

• Parenting arrangements
• The child’s relationship with each parent
• Proposed living arrangements
• Education and healthcare
• Financial circumstances
• The reasons for moving

Because relocation matters can have long-term consequences for children and parents, obtaining legal advice early is strongly recommended.

How Irvine Lawyers Can Help With Parenting and Relocation Matters

Family law disputes involving children can be stressful and emotionally difficult. Understanding your legal position can help you make informed decisions about your family’s future.

The family lawyers at Irvine Lawyers provide advice and representation in relation to:

• Parenting arrangements
• Relocation applications
• Separation and divorce
• Family law negotiations
• Parenting disputes
• Court proceedings

Our team works with clients to understand their circumstances and develop practical solutions that focus on achieving the best possible outcome for their family.

If you are considering relocating with children after separation, or you are concerned about the other parent moving away, contact Irvine Lawyers today to discuss your options.

Speak with our experienced family lawyers for advice tailored to your circumstances.

Frequently Asked Questions