Relocation moving with the children

Relocation is one of the hardest issues in parenting matters because there is often no arrangement that gives both parents the time they want. When parents live close together a child can share meaningful time with each of them. When one parent moves a long way away, that becomes much harder, and the court has to weigh competing proposals about where the child will live and how the child will keep a relationship with the parent left behind.

This guide explains what relocation means, how it is decided, and the practical steps to take whether you want to move or the other parent does. It is general information, not legal advice. Relocation cases are complex and the stakes are high, so get advice from a family lawyer or Legal Aid about your specific situation.

What “relocation” means in family law

In family law, relocation generally means one parent moving with a child to a place far enough away that it would significantly affect the child’s time with, and relationship with, the other parent. There is no fixed number of kilometres. A move across a city might not count, while a move interstate or overseas almost always will. What matters is the practical effect on the child’s ability to spend time and communicate with each parent.

Relocation is not just about the adult moving. Adults are generally free to live where they choose. The issue is whether the child moves with them, because that changes the child’s relationship with the other parent and the wider family.

There is no automatic right to move and no automatic right to stop a move

This is the most important point to understand. Neither parent has an automatic right:

• to relocate the child wherever they wish; nor
• to stop the other parent from relocating the child.

There is no starting presumption in favour of either outcome. Since the Family Law Amendment Act 2023 commenced on 6 May 2024, the old presumption of “equal shared parental responsibility” and the pathway that pushed courts to consider equal or substantial time have been removed. The court now decides parenting arrangements — including relocation — by working out what is in the child’s best interests, with the child’s safety the first and paramount consideration.

That means a relocation case is not won by proving you are the “primary” parent, or by pointing to how the time is currently divided. It is decided on the child’s individual circumstances.

What the court weighs

When deciding a relocation dispute, the court applies the best-interests factors in the Family Law Act. In a relocation context, the kinds of things the court commonly considers include:

• The child’s safety — protecting the child from physical or psychological harm, from family violence, abuse or neglect. This is the paramount consideration.
• The child’s relationships and stability — the benefit to the child of a meaningful relationship with both parents, and with siblings, grandparents and others who matter to the child, balanced against the disruption a move would cause.
• The reasons for the move — for example, family support, employment, housing, health, safety, or a new relationship — and the reasons against it.
• The impact on the child — including the effect on the child’s time with each parent, schooling, community, culture and connections. For an Aboriginal or Torres Strait Islander child, the court must consider the child’s right to enjoy their culture and connection to family, community and Country.
• The child’s views — given weight according to the child’s maturity and level of understanding.
• Practical realities — the distance, the cost and difficulty of travel, who would pay for it, and whether a workable long-distance arrangement is genuinely possible.

The court does not simply ask “should the parent be allowed to move?” It usually compares concrete scenarios — for example, the child living in the new location with a defined pattern of time with the other parent, versus the child staying and living with the other parent. You can read more about this framework in our guide on applying for parenting orders.

If YOU want to relocate

The safe and constructive path is to sort out the move before you go, not after. In practice that means:

1. Raise it early and seek the other parent’s agreement. Explain your reasons, and put forward a genuine, workable proposal for how the child will keep a strong relationship with the other parent after the move.
2. Attempt family dispute resolution. Mediation through an accredited family dispute resolution practitioner is designed for exactly this kind of dispute. If you reach agreement you can record it in a parenting plan or apply for consent orders.
3. If you cannot agree, apply for parenting orders before moving. Ask the court for orders permitting the relocation and setting out the new arrangements. Do not move with the child first and seek permission later.

Moving unilaterally with the child is risky. The court can order the child returned, and taking the child away without agreement or an order can count against you when the court assesses each parent’s capacity to support the child’s relationship with the other parent.

If the OTHER parent wants to relocate, or has already moved

If you learn the other parent is planning to move with the child and you do not agree:

• Try to resolve it directly or through family dispute resolution first, if it is safe to do so.
• Apply for parenting orders and, if the move is imminent, ask the court for interim orders to preserve the situation — for example, an order that the child not be relocated pending a final decision. Courts can deal with genuinely urgent relocation matters quickly.

If the other parent has already moved with the child:

• You can still apply for parenting orders, including an interim order that the child be returned to the former area or that the child not be moved further.
• If the child was taken contrary to existing parenting orders, a recovery order may be relevant. A recovery order can require the child be returned and can authorise officers to find and recover the child. See our guide on recovery orders.

Act promptly. Delay can make it harder to argue that returning the child is in the child’s best interests, because the longer a child is settled in the new location, the more weight stability there may carry.

Interim relocation restraints

An interim relocation restraint is a short-term order, made before the case is finally decided, that stops a child being moved (or moved further) in the meantime. Courts use these to keep things stable and to protect the child’s relationship with both parents while the evidence is gathered and a final decision is made. If you are worried a move is about to happen, tell your lawyer straight away and ask whether to seek an interim restraint on an urgent basis.

Interstate versus overseas relocation

Interstate relocation raises the usual best-interests questions, focused heavily on distance, travel time, cost and how a long-distance arrangement will actually work.

Overseas relocation raises additional and more serious issues:

• International travel and return. Once a child leaves Australia, the Australian courts have limited practical power to secure the child’s return, and whether another country will help depends on international arrangements such as the Hague Convention on international child abduction (which not every country has signed).
• Passports and watch lists. Where there is a risk a child may be taken overseas, the court can make orders about the child’s passport and can place the child on the Australian Federal Police Family Law Watch List (an airport watch list) to prevent departure. If you fear the child may be removed from Australia, seek urgent legal advice — this can be genuinely time-critical.

Because of these added risks, overseas relocation is treated very seriously by the courts.

Evidence and a workable long-distance proposal

Whichever side you are on, a strong case is built on clear, child-focused evidence rather than argument about the other parent. Useful material can include:

• your reasons for supporting or opposing the move, and the practical detail behind them (housing, schooling, employment, family support, health);
• the child’s current relationships, routines, schooling and community, and how the move would affect them;
• a specific, realistic long-distance parenting proposal — for example, blocks of time in school holidays, regular video contact, how the child would travel, who would accompany a young child, and how the cost of travel would be shared; and
• anything relevant to the child’s safety.

Keeping clear, contemporaneous records helps you present this evidence accurately. See our guide on keeping records. A concrete, generous proposal for keeping the child connected to the other parent tends to carry far more weight than a vague promise.

The serious risks of moving without consent or an order

Moving with a child a significant distance, without the other parent’s agreement or a court order, can have serious consequences:

• the court can order the child returned, sometimes urgently;
• a recovery order may be made, which can involve police locating and recovering the child;
• your conduct may be treated as a failure to support the child’s relationship with the other parent, which is relevant to the final parenting decision; and
• it can damage your credibility and make the whole process longer, costlier and more stressful for the child.

The calm, constructive path — seek agreement, try family dispute resolution, and apply for orders before moving — protects both your child and your case. If relocation is on the horizon in either direction, get legal advice early rather than waiting for a crisis.

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This guide is general information only and is not legal advice. Relocation law is complex and every family is different. Confirm the current law and process with the Federal Circuit and Family Court of Australia or a family lawyer, and seek advice about your own circumstances.