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A relocating parent must present good reasons to the court as to why the relocation will be in the 'best interests of the child' and what arrangements they propose for the other parent to have regular and meaningful time with the child.
The Court must keep the 'best interests of the child' as the primary consideration. In determining the best interests of the child, the Court must consider:
Additional considerations for the Court include:
The proposed (or actual) distance of the relocation is also a major factor for the Court’s consideration.
The further away a parent moves, the harder it will be for the relocating parent to show that it is in the child’s best interests to move that distance away from the other parent, as the contact with them is likely to be much less frequent.
The Court will balance the above considerations, together with anything else they think is relevant, against the right of freedom of movement of the relocating parent, bearing in mind that the final decision must be what is in the 'best interests of the child'.
Other Questions answered in the Parent & Child Relocation Section
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