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Relocating With a Child After Separation: What You Need to Know
After separation, one parent may want or need to move to a new location, whether for work, family support, lifestyle, or safety reasons. But when children are involved, relocating is not simply a personal choice. Australian family law places a strong emphasis on the child’s best interests, and moving can significantly affect existing parenting arrangements.

Do You Need Consent to Relocate With a Child?

If there are parenting orders or a parenting plan in place, you cannot unilaterally change where the child lives if it will impact their time with the other parent.

  • With Parenting Orders: Relocating without agreement or a court order can be a breach of the orders.
  • Without Parenting Orders: The other parent can still apply to the court to stop the relocation if it affects their relationship with the child.

In most cases, you will need either:
  • The other parent’s written consent to relocate, or
  • A court order permitting the move.

When the Court Decides on Relocation

If parents cannot agree, the Federal Circuit and Family Court of Australia will determine whether relocation should be allowed. The court’s primary consideration is the child’s best interests.

Some key factors include:
  • The benefit to the child of having a meaningful relationship with both parents
  • The potential impact of relocation on that relationship
  • Practical arrangements for the child to spend time with the other parent after the move
  • Reasons for relocation, such as employment opportunities or support from extended family
  • The child’s views, depending on their age and maturity
  • The stability and continuity of the child’s current living arrangements

Risks of Relocating Without Permission

Relocating without consent or a court order can have serious consequences.

The court may:
  • Order the child be returned to their previous location
  • Change parenting arrangements
  • View the relocation as a failure to facilitate the child’s relationship with the other parent, which can affect future parenting orders

Steps to Take if You Want to Relocate With Your Child

  1. Discuss and negotiate with the other parent first
  2. Put any agreement in writing (and update parenting orders or plans if necessary)
  3. Seek mediation if you cannot agree
  4. Apply to the court for permission if mediation fails
  5. Gather evidence supporting how the move will benefit the child

Final Thoughts

Relocating with a child after separation is a significant decision with serious legal implications. The safest approach is to obtain consent or a court order before moving. Every case is different, so it’s important to get legal advice early to understand your options and protect your rights, and your child’s best interests.
For more family law advice like this, feel free to reach out to Genuine Legal for a consultation.
Call us on (07) 2102 0641 if you need our assistance.
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Children
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