Child Custody and Relocation in Australia

Children Relocation

As Australia becomes a more mobile community there tend to be more situations of one of the parents of the children wishing to relocate, both within Australia or to a foreign country. A Court cannot stop a parent from moving. Nonetheless, it could prevent the parent who have the care of the children from taking the children with them.

Unless there are exceptional circumstances the parent who intends to move with the children need to alert the other parent prior to doing so. When the other parent consents to the relocation, preparations for contact with the children will need to be discussed or determined by the Court. Should discussions are profitable then it's preferable any agreement be properly documented.

When the other parent does not agree then it may be necessary to the parent wishing to transfer to make an Application to Court. The Court will then decide based upon the welfare or best interests of the children.

If there is a Court Order relating to parenting issues such as who the child lives with and also the period a child stays with other people, it is likely that the parent who the child lives with would not be permitted to relocate without having the permission of the other parent, or else they may be in breach of the Order. The parent that the child lives with might need to make an Application to the Judge to seek to vary the Order to enable them to transfer.

Even if there is no Court Order it would wise for the parent wishing to relocate with the children to seek the permission of the other parent before doing so and, if parent does not give their consent, make an Application to the Court for an parenting orders which will let them to achieve this.

In determining transfer cases the Court has applied the following concepts:

The wellbeing or best interests of the children will be the paramount but not sole concern;

An individual wishing to relocate with the children isn't required to show convincing factors for the relocation;

The Court need to consider each of the proposals advanced by the parties;

The evaluation of the intending proposals should weigh the proof and submissions as to how each proposal would maintain advantages and disadvantages for the children's best interests;

A Courtroom cannot determine the issues in a way that separates the concern of moving from that of who the kid will settle with and the best interests of the children.

When considering the best interests of the children the Courtroom will take into account these kinds of points as the right of the parent that the child lives with to transfer on with their living, form new relationships and have liberty of movement and the need to ensure the continuation of the relationship with the parent which the kid spends time with and journey costs involved should the parent who the child lives with be permitted to relocate with the children.

The distance of the proposed relocation is a considerable aspect. The Court is very unlikely to restrain a parent that needs to move from Brisbane to the Gold Coast. Nevertheless, a father or mother who needs to move the children to another nation would have much more trouble persuading the Court it is in the children's best interests to do so, provided the probable result is the fact that the opposite parent would have much lesser frequent contact with the children. In instances such as these, the parent opting to transfer will need to put forward right excuses to the Judge why it will be in the children's best interests to leave Australia to reside overseas and what preparations they propose to be put in place to ensure the parent has general and meaningful contact with the children.

The legislation in child custody is constantly adapting. A parent who's thinking about relocating with their children or wants to stop the other parent from relocating, should seek out specialist assistance from us concerning the specific situations of their situation and the implications of the legislation and the way it applies to their specific situations.

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