I’m moving suburbs, interstate or overseas.
So, you and your partner have separated and you’ve since relocated – what happens next? Moving on with confidence starts by understanding where you’re at.
We’ve answered 4 of the most commonly asked property settlement questions.
Relocation could affect the child’s relationship with the non-moving parent, grandparents, siblings and friends, as well as disrupt their schooling.
If you’re a parent or guardian and wish to relocate with the child, and that move will impact on the child or time spent with the other parent, then you’ll need to obtain the other parent’s permission or an order from the Family Court before moving.
If you’re able to reach an agreement with the other parent, you can enter into a written parenting plan or apply to the Family Court for Consent Orders before relocating.
Note that if there are already parenting orders in place, or an application for parenting orders has started, it is an offence to take the child overseas, even for a short time, without the written consent of all the people mentioned in the parenting orders (unless the orders provide specifically that the child can be taken overseas).
Relocation can include moving suburbs, interstate or overseas. You both need to consider how relocating will impact on the child’s relationship with the non-resident parent and what proposals are to be put in place for them to spend time with the child/ren.
The relocating parent does not need to show ‘compelling reasons’ for relocating, as this distracts from the proper focus of the inquiry, which should be what is in the best interest of the child.
If there is parenting orders that provide for equal shared parental responsibility, a significant move (that requires the child to move schools or interstate) should be agreed between the parents, as it is a major long term decision affecting the child.
However, if your partner moves without seeking your permission, they will be in breach of the order for equal shared parental responsibility If this occurs, you may ask the Family Court for a recovery order to return the child to where they normally live.