Seeking and achieving the best outcomes in child custody.

Relocation with children

Following separation, if a parent wishes to relocate from their usual home with a child or children internationally or within Australia, then they will need an order from the Family Court, or the other parent’s agreement.

Richardson Legal can help you take the right steps if you want to seek to relocate or help you oppose the relocation of your former spouse and child(ren). Our highly skilled Perth family lawyers consistently seek and succeed in the best outcomes for children.

How to decide relocation?

Where parents have parental responsibility for a child, they must consult each other and agree on major long-term decisions relating to that child. Where your child lives, and the impact of any relocation on them spending time with the other parent, is a major long-term decision.

Parents can participate in Family Dispute Resolution to discuss relocation and try to reach an agreement about any proposed relocation or alternative arrangements. Lawyers at Richardson Legal can attend Mediation with you.

If agreement cannot be reached between parties about where your child should live, then the Family Court can determine the matter.

What factors does the Family Court consider?

The Family Court is required to determine care arrangements that are in the best interests of the children as the paramount consideration. The Court will review the circumstances of each case of relocation.

In doing so, the Court will consider the reasons for the proposed relocation such as:

What if I oppose relocation?

If you are concerned that the other parent will relocate the children without your consent or a Court Order, then an application may be made to the Family Court to prevent that parent from doing so.

If the other parent has already relocated the children without your agreement, it is possible to seek recovery orders for the return of the children.

For experienced, reputable and personable advice from family lawyers in Perth, get started below.