Separating and co-parenting can be challenging, particularly when deciding whether to move with your children after separation. This article aims to provide you with crucial information regarding the legal implications of relocating with your children in Australia.
We will discuss the legal aspects and important factors to consider when discussing relocation. Australian family law prioritizes the best interests of the child in making parenting decisions.
Relocation can only be considered if it benefits your children. It is important to remember this at every stage, especially if it:
Challenges of Relocation and Travel for Children:
- Causes significant disruption for your children
- Results in loss of support networks
- Negatively affects the child's relationship with the other parent
After separation, you still need to earn a living and pursue opportunities. If you want to move to a new location, consider the impact it may have on your children's well-being and development.Psychological Factors and the Best Interests of the Children:
Relocation after divorce or separation can have significant psychological effects on children, including mental health problems and developmental issues. Establishing a routine and providing ongoing support from both parents are crucial.Court Intervention and Relocation Orders:
If you decide to move in the best interests of your children, but your former partner opposes it, the court may intervene. Similarly, if your partner plans to move and you disagree, seek legal advice immediately.
A relocation order from the court can specify conditions for the move, including when and where a parent can relocate and visitation rights. It is essential to seek legal advice if there is a disagreement about relocation.
The first step when considering a move is to communicate with the other parent. Even if they initially oppose the idea, a compromise may be possible over time. This could involve adjusted visitation, modified custody schedules, or the other parent also considering the new location.
If an agreement cannot be reached, seeking legal advice and attending a dispute resolution session is recommended. If an agreement is reached, it should be formalized through a parenting plan or by applying for a consent order in the family court.
Relocating with your children after separation requires careful consideration of their best interests and adherence to legal requirements. Effective communication and seeking professional legal advice are essential to navigate the intricate complexities involved. In some cases, the court may need to intervene to ensure the well-being of the children and preserve their relationships with both parents, whenever possible.
If you require guidance regarding relocation orders or parenting arrangements after separation, or if your former partner intends to move your children elsewhere, we encourage you to reach out to us. Contact us
today to schedule a free consultation where we can discuss your situation