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Family Law - Relocation of Children

Date: October 13, 2011

Authors: Angelita Manlangit LL.B.

LAC Family Lawyers are able to advise parents of children who wish to relocate or whose former partners wish to relocate and hence affect the location or visitation rights of the parents. Our Family Lawyers are able to provide compassionate advice in order to protect the best interests of the child and ensure that you as the parent maintain access to your children.

The relocation of children in Australian family law proceedings is becoming increasingly common as one or both parents are forced to relocate due to work commitments and job offers. Upon separation or divorce, several consequences arises that can be daunting and emotional not only for the former couple, but ultimately to the child.

In cases regarding relocation of children, the court only has to options; to allow or disallow the relocation. Hence it is important that you seek the advice of an experienced family law lawyer who can skilfully advocate your case and seek the best outcome for the child. In issues involving the relocation of children the wellbeing of the child is always paramount.

Our family lawyers may advise mediation as one way of reaching an outcome in the best interests of the child. A formal mediation can help both parties to clarify the issues and obtain an agreement without going to a court. Upon reaching an agreement LAC Family Lawyers will formalise the arrangement legally.

However, if an agreement is not met and one parent refuses to allow the child to relocate, LAC Family Lawyers may advise you to seek a relocation order. The Court will always act in the best interests of the child hence it is up to your family lawyer to skilfully argue your case and convey to the court the best interests of the child. 

Factors the Family Court may consider

The Family Court will evaluate the proposals of each parent and if these proposals are based on what is in the best interests of the child relocation will be considered. The Family Court may consider:

  • Any wishes expressed by a child or the children
  • The nature of the relationship of the children with each party and with other important people, such as grandparents.
  • The possible effect of any changes in the children's circumstances
  • The common difficulty and expense of the children having contact with the non-relocating party.
  • The capacity of each party to afford the needs of the children.
  • The children's maturity, sex and background.
  • The need to protect the children from physical and psychological harm caused, or that may be caused, by abuse, ill-treatment, violence or other behaviour.
  • The attitude to the children, shown by each of the parties.
  • Any family violence involving the children or a member of the children's family.
  • Whether making an Order for relocation would be least likely to lead to further proceedings.
  • Any other fact or circumstances that the Court thinks is relevant.

If the court decides that relocation is in the best interest of the child, the noncustodial parent should follow the visitation periods provided by the Court or for greater access move to the same location.

Court Orders if you think your child may be taken overseas

In some circumstances, a parent may feel that the other parent may take the child and leave Australia without consultation and permission. If this happens, it is best to call LAC Family Lawyers immediately. The Court can issue a number of orders that can prevent the child from being relocated including:

  1. Preventing a child's passport being issued
  2. lodge a Child Alert Request at any Australian Passport office, or
  3. apply for a child alert order to the Court
  4. Delivery of a passport to the Court
  5. Prevent a child from leaving Australia
  6. control the removal of child in Australia
  7. place the child's name on the airport's Watchlist (to be requested in Australian Federal Police)
  8. request for proper implementation of the order/s (to be requested in Australian Federal Police)

If your matter is urgent contact LAC Lawyers so we can lodge an urgent application.

LAC Family Lawyers are able to advise clients on all facets of family law proceedings. We encourage you to contact one of our family lawyers so we may discuss your circumstances and protect your interests and that of your child.

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