Services

Child Relocation

After separation, a parent may wish to relocate with their children within Victoria, interstate or overseas, for reasons such as work, family or housing affordability.

If the relocation will impact significantly on a child’s ability to have a relationship with their other parent, the parent wishing to relocate must seek the consent of the other parent or obtain a relocation order from the Federal Circuit and Family Court of Australia.

The child’s best interests are the paramount consideration. Under the Family Law Act 1975, the Court considers factors including the child’s safety, their views, their developmental and emotional needs, the benefit of relationships with their parents and other significant people where it is safe, and each parent’s capacity to meet their needs.

It is important to ensure that your application to relocate or oppose a relocation carefully considers these factors. Child relocation cases are complex. The outcomes are life-changing for children and parents. At Empower Family Law & Mediation we have the expertise and experience to negotiate your child relocation case and to optimise your prospects of achieving the outcome you want.

We can also assist parents to recover children who have been relocated or removed from their care by the other parent without consent or a Court order.

Contact us

If you have found yourself in a situation where you need assistance with relocation, contact us on (03) 7020 6542 to discuss your options.

FAQ’s

Can I move with my child without the other parent’s agreement?

If the move would significantly affect your child’s time with their other parent, you should seek their agreement or Court orders first. Moving without either can lead to urgent Court proceedings and may breach existing parenting orders.

Does my child get a say?

The Court can consider a child’s views, but how much weight that carries depends on the child’s age and maturity.

Do we have to go to Court?

Not necessarily. Most parents must attend family dispute resolution (mediation) before filing, and many reach agreement at that stage.

What if the other parent has taken my child?

Contact us urgently. The Court can hear urgent matters and make orders for the child’s return. If you’re worried about your or your child’s safety, call 000.

What if I need to move because of family violence?

Safety is the Court’s first consideration. Contact us as soon as possible, so we can take the right steps, and reach out to support services such as 1800RESPECT.

Speak with us

Your first 30-minute consultation is free. Call (03) 7020 6542 or contact our team to discuss your circumstances and next steps.

Phone: (03) 7020 6542

Email: info@empowerfamilylaw.com.au

Let us be your voice in troubled times.

Contact Us

More Services

Binding Financial Agreements (including Prenuptial Agreements)› Child Support› Consent Orders› De Facto Relationships› Divorce› Family Mediation› Family Violence and Intervention Orders› Grandparents and Other Carers› Parenting and Child Custody› Property Settlement› Separation› Spousal Maintenance› Superannuation› Urgent Family Law Issues›