Worried about the Other Parent Relocating with your Child?
If you wish to relocate with your child, or you have become aware that the other parent of your child wishes to relocate, you need to actively take steps to protect your position and plan to get the best possible outcome for you and your child.
If you do nothing, you may lose your chance to do so.
You can apply to the Court for permission to relocate.
You can also apply to the Court to stop the other parent relocating.
If you haven’t got Consent Orders, then you should think about trying to get them in place and make sure they have a strong relocation clause in them.
If you’ve got Consent Orders and they don’t have a relocation clause in them, then you should write out and have both parents sign and date a Parenting Plan which says it is varying the Court Order.
The Parenting Plan should include a strong relocation clause as well as any other changes you want to make to the Court Order.
If a Consent Order is in place, a subsequent signed Parenting Plan will usually override it and so be binding.
The Federal Police may want to see it in a Court Order however and so you may want to vary your existing Consent Order to include a strong relocation clause.
Relocation – More Information
The sorts of things a Court wants to know, this issues and what a considers if they are deciding a case involving a parent who either has already moved away or who wants to move away, is explained in the information sheet How does a court decide Relocation cases if a parent moves away or wants to move away.
If you already have a Court Order or are getting a Court Order then you should also read our information sheet Court Orders & Relocation explained in full.
Our information sheet The other parent might Relocate: Do I need to do anything might also be helpful to you.
Relocation, Domestic & International Child Abduction: More Information
We also have the following pages providing additional information in relation to both Relocation of a Parent with a Child within Australia (domestically) and International Child Abduction:
- Can I stop the other Parent Relocating with my Child
- We’re on friendly terms – Do I worry about possible relocation
- The other parent might relocate: Do I need to do anything?
- Court Orders about Relocation explained in full
- How does a Court decide Relocation Cases if a Parent moves away or wants to move away
- Documenting your Parenting Agreement in a Binding and Enforceable way
- List of Hague Convention Countries
- What happens when a Child is taken to a Hague Convention Country
- What happens when a Child is taken to a Non-Hague Convention Country
- How to get a Passport for a Child
- How to make a Special Circumstances Application for a Child Passport
- Stopping a Child Travelling overseas: Child already has Passport
- Stopping a Child Travelling Overseas: No Passport for Child Issued yet
- Court Orders regarding Passports and Overseas Travel Orders
- Matters considered by Courts regarding issuing a Passport or making an Overseas Travel Order
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All Topics in the Child Issues Section
- Types of Parental Responsibility Orders
- Child’s Time with Parents: Shared Care or not
- Grandparents: Rights to see Grandchildren
- Documenting a Parenting Agreement
- Best Interests of the Children
- Relocation of a Parent with a Child
- Change of a Child’s Surname
- Child Passports & Overseas Travel after Separation or Divorce
- How to change a Final Parenting Order previously made by the Court
- International Child Abduction
