After separation it is not uncommon for a parent to want to relocate with the children, whether to another suburb, interstate or even overseas.
If you wish to relocate with your children this could mean your former partner’s time with them will be reduced, which they may oppose.
If agreement cannot be reached about a potential relocation, an application to the Federal Circuit and Family Court (“the Court”) may be necessary.
If an application is made to the Court, the Court will consider the child(ren)’s best interests when reaching a decision. It takes into account a wide range of factors to assess what is in the children’s best interests, including but not limited to:
- How a relationship with each parent will be maintained;
- Whether the move supports the child(ren)’s religion and cultural connections;
- The opportunities for the parents in the different locations; and
- Family support in the different locations; and opportunities for the child(ren) in the different locations.
The Family Law Act 1975 provides that as a general principle, children should be able to spend at least enough time with each of their parents to be able to maintain a meaningful relationship with each parent.
Child relocation cases are some of the most complex parenting cases and have particularly high stakes for the parents and for the children. The case law about relocation is nuanced and extremely situation-specific. The lawyers at Berry Family Law have experience with these cases, and are able to explain the relevant factors in straightforward terms for parents.
We can help you apply for a relocation or object to a relocation if you believe it is not in your child(ren)’s best interests.
Our approach is to help you negotiate a suitable outcome where possible, because that minimises the emotional and financial costs. That being said, it is not always possible to negotiate an outcome. In cases where negotiation is not the answer, our lawyers have the experience you need to be satisfied that your case will be put to the Court persuasively and effectively.
Call Berry Family Law on 9321 3100 and make an appointment with one of our experienced Lawyers if you would like to discuss potential relocation issues or anything else relating to family law matters.