Author: Carol Pages, Pages Family Law.
Separation often forces parents to re-evaluate their living arrangements. This becomes even more complex when children are involved.
For many parents, separation may mean no longer having ties to the place they lived previously. You may be considering moving closer to family and support networks, returning to your home state or country, or relocating to pursue employment opportunities. Some parents wish to relocate due to work changes or because they have formed a new relationship and want to build a life with their partner.
Whatever the reason, relocation after separation is one of the most challenging areas of family law, particularly when it affects a child’s ability to spend time with the other parent.
How the Family Court Approaches Relocation Cases
Relocation cases are not a separate category of parenting matters. They are decided under the same best interests of the child framework that applies to all parenting disputes.
Under the 2024 reforms to the Family Law Act, the key considerations for determining a child’s best interests include:
- ● The child’s developmental, psychological, emotional and cultural needs
- ● The child’s views (where age and maturity allow)
- ● The benefit of the child having a meaningful relationship with each parent and significant people in their life
- ● The capacity of each parent to meet the child’s needs
- ● A strong emphasis on the safety of the child and their carers
What This Means If You or the Other Parent Wants to Relocate
If relocation is an issue in your parenting matter, the Court – and any negotiations outside Court – will focus on several key questions:
- ● What are the current care arrangements?
- ● What is the relocation proposal? What will life look like in the new location, and how will the move support the child’s best interests?
- ● What happens if relocation does not occur?
- ● What is the other parent’s proposal?
- ● How will the child maintain a relationship with the non-relocating parent?
- Depending on distance and age, the focus may be on quality of time rather than the standard weekly/fortnightly structure.
- ● What are the timeframes?
- For younger children, it may be in their best interests for any move to occur later, allowing additional time to strengthen the relationship with the parent who stays.
Long-Distance Parenting Plans: Options to Consider
If you are negotiating parenting arrangements and relocation is on the table, think creatively about how children can maintain meaningful relationships with both parents. Options can include:
- ● School holiday blocks for school-aged children
- ● Longer time during summer holidays
- ● Regular video calls during the week
- ● Monthly or term-based weekend time, depending on distance and travel logistics
- ● Shared travel arrangements to reduce the burden on one parent
These options can form part of a relocation or long-distance parenting plan, helping you reach agreement without litigation.
Important Tips When Considering Relocation
- ● A relocation that makes time with the other parent more difficult is a major long-term decision, similar to changes in a child’s education or health. It falls under parental responsibility.
- ● Do not move first and ask later. Relocating without agreement or a Court order (including consent orders) risks an order requiring you to return with the children.
- ● Relocation disputes can become complex, urgent, and costly.
- ● It is crucial to obtain early legal advice if you are considering relocation or if the other parent has raised it.
2024 Reforms to Parenting Laws and Relocation
The changes to the Family Law Act in 2024 have reshaped the way relocation disputes are considered. The focus on safety, child development, and simplified best-interest factors has shifted how relocation cases are argued and decided.
You can read more about the new laws and how they apply to relocation in our earlier articles:
- ● Summary of the new best interests and parental responsibility factors: Changes to parenting section of FLA – Family Law
- ● How to navigate the best-interests criteria when preparing for negotiation, mediation or legal advice: Navigating parenting arrangements – the legal process explained – Family Law
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The content of this article is provided for information purposes only and does not constitute legal advice. We recommend that you seek legal advice relevant to your own circumstances and we would be happy to assist you.
Carol Pages is the Principal of Pages Family Law and an Accredited Specialist in Family Law and a Nationally Accredited Mediator. If you would like advice about your own separation, please contact Pages Family Law at info@pagesfamilylaw.com.au or on 03 9121 8077 or book a 15 minute free discovery call via our website.
