Can I Move Interstate with My Children After Separation?
A guide to relocation law in Australia
Separation is one of the most difficult chapters in a family's life — and for many parents, it comes with a desire to start fresh somewhere new. Whether it's to be closer to family, pursue a job opportunity, or simply for a change of scenery, interstate relocation after separation is more common than you might think.
But if you have children, relocating isn't simply a matter of packing up and going. Australian family law imposes clear obligations on separated parents who wish to move, and the consequences of getting it wrong can be serious.
What is "relocation" in family law?
In family law, relocation refers to a parent moving — with the children — to a location that would significantly affect the other parent's ability to spend time with them. This doesn't just mean moving overseas. Moving interstate, or even to a different part of the same state, can constitute a relocation if it materially impacts existing parenting arrangements.
Do I need permission to relocate with my children?
If you have parenting orders in place, or if the other parent shares parental responsibility for your children, you generally cannot relocate without:
Written consent from the other parent; or
A court order specifically permitting the relocation.
This applies even if you are the primary carer. Even if the children primarily live with you, you do not have an automatic right to move them away from the other parent.
If you relocate without consent or a court order — and the other parent objects — the Court can order you to return the children.
What if there are no parenting orders?
If there are no current parenting orders, the situation is more nuanced — but the risk does not disappear. The other parent can still apply to the Court urgently to prevent you from relocating, or to have the children returned. The Court will act quickly in these situations, and applications can be listed for interim hearing within days.
How does the Court decide relocation cases?
Relocation cases are determined by reference to the best interests of the children — the paramount consideration under the Family Law Act 1975 (Cth).
There is no presumption in favour of or against relocation. The Court weighs up all relevant circumstances, including:
The reason for the proposed move
The Court will closely examine why the parent wants to relocate. Genuine, well-documented reasons — such as a significant employment opportunity, proximity to family support, or returning to an area where the family has previous resided — carry weight. A desire to limit the other parent's involvement does not.
The impact on the children's relationship with the other parent
One of the most significant factors is how relocation would affect the children's relationship with the parent who stays behind. The Court places significant weight on maintaining meaningful relationships with both parents.
Proposed contact arrangements post-relocation
If you are the parent seeking to relocate, you will need to present a realistic, workable proposal for how the children will continue to spend time with the other parent. Vague promises are unlikely to be persuasive. Concrete proposals — school holiday blocks, video calls, travel cost arrangements — are essential.
The children's own views
Depending on their age and maturity, the children's views may be taken into account. This is not determinative, but a child who strongly objects to moving is a factor the Court will consider.
The impact of refusing the relocation
The Court also considers what happens if the move is refused. If the relocating parent would suffer genuine hardship — for example, being cut off from family support — this is relevant to the overall assessment.
What about the parent who wants to stay?
If the other parent opposes your relocation, they can apply for orders preventing you from moving — or, if you have already moved, requiring you to return. An urgent application can be filed quickly.
If you are the parent opposing a proposed relocation, you should seek legal advice immediately. The timing of your response matters.
Can I take my children interstate for a holiday?
Short trips — holidays, family visits — are generally not "relocation" in the legal sense. However, if you have parenting orders in place, you should check whether those orders impose any restrictions on travel. Some orders require prior notice to the other parent, or prohibit travel outside a certain area without consent.
What should I do if I'm considering relocating?
Before you make any decisions or take any steps:
Get legal advice — relocation cases are fact-specific and the outcome depends heavily on your circumstances.
Do not relocate without consent or a court order — even temporarily. Unilateral relocation can seriously damage your position.
Try to reach agreement with the other parent first — if both parents can agree, consent orders can be made without a contested hearing.
If agreement isn't possible, file an application — your lawyer can advise you on the appropriate orders to seek and how to present your case.
How Wallen Family Law can help
At Wallen Family Law, we understand that relocation decisions are rarely straightforward. They involve competing priorities — your children's stability, your own wellbeing, and the other parent's relationship with the children — and the law requires all of these to be carefully balanced.
Whether you are the parent wanting to move or the parent trying to prevent it, we can help you understand your rights, navigate the process, and work toward the best outcome for your family.
Book a consultation with Principal Solicitor Melody van der Wallen today.
