Yes, if relocation affects the child’s ability to maintain a relationship with the other parent, then you must either have the other parent’s consent or obtain a court order. This applies whether you’re moving interstate, overseas, or even just a few hours away. If the other parent doesn’t consent to the move, you’ll need to apply to the Family Court for permission. The court won’t automatically allow or deny the relocation, instead, it will carefully consider the details of your case.

The court’s primary concern is the best interests of the child. Some factors the court may consider include:

• The strength of the child’s relationship with each parent
• The impact of relocation on the child’s emotional wellbeing
• Whether alternative arrangements (such as video calls or holiday visits) will allow a meaningful relationship with the non-relocating parent
• The reasons for the proposed move (e.g. job, support network)
• The practicality of new arrangements, including schooling and living conditions
• Any history of family violence or safety concerns

It’s important to understand that the parent’s personal preference to relocate isn’t enough, the court needs to see how the move will benefit or affect the child.

Relocating without the other parent’s consent or a court order can result in serious legal consequences. The court may order that the child be returned, and it could affect future parenting arrangements.
If you’ve already moved, the court can even make urgent interim orders while it decides what’s in the child’s best interests.

Yes. If one parent wants to move and leave the child behind, the other parent may apply to the court to prevent the move or seek adjustments to parenting orders.

Relocating after separation is a big decision, especially when children are involved. While you may have strong personal reasons to move, the legal system is focused on maintaining stability and meaningful relationships for the child. If you’re considering a move, or your co-parent is planning to relocate, it’s vital to seek legal advice early. Understanding your rights and responsibilities can help you avoid costly mistakes and ensure the best outcome for your family.