Relocation Matters
After separation, one parent may want to relocate — to another town, interstate, or even overseas. Relocation can arise for many reasons, such as employment, family support, or a fresh start. But when children are involved, relocation can have a significant impact on the other parent’s relationship with them.
At Wallen Family Law, we provide clear, strategic advice in relocation cases. We understand the high emotions involved, and we work with you to find solutions that protect your children’s best interests while addressing your family’s practical needs.
How We Can Help
We provide advice and representation in relation to relocation matters, including:
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There is no automatic right for a parent to relocate with a child. The Family Court’s primary consideration is always the best interests of the child, weighing factors such as stability, schooling, and the importance of both parents being involved in the child’s life.
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Where possible, we help parents negotiate workable arrangements — such as adjusting time schedules, facilitating longer holiday visits, or using technology to maintain regular contact. These agreements can then be formalised in parenting plans or consent orders.
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If the other parent has proposed moving and you do not agree, we provide strong advice and representation to oppose the relocation. We advocate for your child’s right to maintain a meaningful relationship with both parents.
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If agreement cannot be reached, relocation matters are decided by the Court. We prepare evidence and represent you in proceedings, ensuring the focus remains firmly on your child’s welfare and the practical realities of the proposed move
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Overseas relocations or disputes about passports and travel add extra complexity. We provide advice on international relocation applications and steps to prevent unauthorised removal of children from Australia.
Common Questions about Relocation Matters
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Generally, yes. If moving will significantly change your child’s time with the other parent, you need their consent or a court order before relocating
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The child’s best interests are the Court’s priority. This includes stability, the importance of relationships with both parents, and practical considerations like schooling and community ties.
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The Court can make urgent orders requiring the child’s return. It is important to seek legal advice immediately.
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Yes. You can apply for a court order placing the child on the Airport Watch List to prevent unauthorised travel or removal from Australia.
Next Steps
Relocation matters can move quickly, and it’s important to get advice early. Whether you are seeking to relocate or opposing a move, we provide clear guidance and strong representation to protect your children’s best interests.