with Melody van der Wallen, Principal Lawyer at Wallen Family Law

Relocation is one of the most complex and emotionally charged issues in family law.

When one parent wants to move — whether it’s a few hours away or interstate — it can have a profound impact on parenting arrangements and the child’s relationship with both parents.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says relocation cases are among the most difficult the courts deal with. “The Court understands that parents want a fresh start or new opportunities,” she explains. “But its first priority is always the child’s best interests — and that usually means preserving meaningful relationships with both parents.”

What Counts as a Relocation?

Relocation simply means moving a child’s primary home to a new location that makes it significantly harder for them to spend time with the other parent.

That could mean moving interstate, overseas, or even to another town if it affects travel time and ongoing care arrangements.

“We often see parents assume that moving within the same state is fine,” Melody says. “But even a few hours’ distance can disrupt routines and make shared care impractical.”

Do You Need the Other Parent’s Consent?

If there are existing parenting orders, or if both parents share decision making, one parent cannot unilaterally relocate with the child.

“You must have the other parent’s written consent or a court order permitting the move,” Melody explains. “If you relocate without permission, the Court can order you to return the child.”

This applies even if the move is for genuine reasons — such as employment, family support, or better housing.

How the Court Decides Relocation Cases

When parents can’t agree, the Court considers the proposed move based on the child’s best interests — the same test applied in all parenting matters.

Judges look at:

• The likely effect of the move on the child’s relationship with each parent

• The practicalities and costs of travel

• The child’s age, maturity and emotional needs

• The reasons for the proposed relocation

• The feasibility of maintaining regular contact with the non-relocating parent

“The Court doesn’t automatically say no,” Melody explains. “But it must be satisfied that the benefits of the move outweigh the loss of regular time with the other parent.”

Act Before You Move

Melody stresses that parents should seek legal advice before making any relocation plans.

“Once you’ve moved, it’s much harder to undo the situation,” she says. “The Court can order you to return on an interim basis while proceedings are underway. Acting first and asking later can seriously damage your case.”

Early advice helps parents assess options such as negotiation, mediation or applying for court orders before making any permanent change.

“We help clients prepare evidence about employment, housing, schooling, and how the child’s relationship with both parents will be maintained,” Melody explains. “Preparation and transparency are key.”

What if You’re Opposing a Move?

If you’ve been told your co-parent intends to relocate, it’s important to act quickly.

“The Court can issue urgent Orders to prevent a child being removed from their current location — or from Australia entirely — until the matter is decided,” Melody says. “That’s why time really matters.”

These orders can also include Watchlist Orders, preventing a child from being taken overseas without the Court’s permission.

Quick Answers

Do I need permission to move with my child?
Yes. If you share decision making, you must have the other parent’s consent or a court order before relocating.

What if I move without consent?
The Court can order you to return the child. Acting first and asking later is risky and can harm your case.

How does the Court decide relocation cases?
By focusing on the child’s best interests, considering how their relationship with the other parent will be maintained, practical travel issues, and the reasons for the move.

Can I stop my ex from taking our child overseas?
Yes. You can apply for a Watchlist Order to prevent the child from leaving Australia.

Should I get advice before making plans?
Absolutely. Legal advice before you move helps you understand your options and protects you from breaching court orders.

From Melody

“Relocation cases are about balancing opportunity with stability. Before you move — or if your ex plans to — get clear legal advice. The right preparation can mean the difference between resolution and regret.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law