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Relocation Applications

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Relocation is when a parent wants to move with the children to another suburb, state or country. A Court might not let you relocate with the children if the move results in limiting or reducing the time the children spend with the other parent. When making a decision as to whether you can relocate with the children, the Court must consider the best interests of the child.

 
If your children primarily live with you and you need to relocate, you should first try to talk to the other party. If an agreement can be reached it is recommended that you apply for consent orders or enter into a parenting plan before you move. A parenting plan is a written agreement that sets out parenting arrangements for children. As it is worked out and agreed jointly, you do not need to go to court. Unless a court orders otherwise, the parenting plan can be changed by the parties agreeing to enter into a new parenting plan. A parenting plan is not a legally enforceable agreement. A consent order is a written agreement that is approved by a court. Consent orders have the same legal force as if they had been made by a judicial officer after a court hearing. Consent orders can be enforced if there has been a breach of an order.
 
If an agreement cannot be reached, you can apply to the Family Court or the Federal Magistrates Court for a relocation order to allow you and the children to move. If you move without a court order or without the consent of the other party, a court may require you to move back or return the children until it has considered the case. If there is a court order in place, you will be breaching the order and the other parent can apply to enforce the current order.
 
If the other party wants to take the children away and you do not agree, you can also apply for an order to stop the relocation of the children. If the other party has already moved with the children you can apply to the court for an order that the children be returned until the court has made a final decision about where the children live.
If you are concerned that a child may leave Australia without your consent you can apply to the Court for an order that:
  • prevents a passport being issued for a child
  • requires a person to deliver a child’s or accompanying adult’s passport to the Court, or
  • prevents a child from leaving Australia.
  • If you want to move or have concerns that the other party is going to move with the children you should seek legal advice immediately.
 
Call one of our Family Lawyers for free initial telephone advice on your circumstances on 95258688.

Key People

sutherland shire lawyer greg dicksonGreg Dickson 

primary area of practice is litigation. In 1993, he became one of the first solicitors in New South Wales to achieve Accreditation as a Specialist in Family Law and Property Relationships Act Law. Greg is the head of our Family Law Division but also practices extensively in commercial and general litigation ...read more

sutherland shire lawyer kevin dwyerKevin Dwyer 

can advise you upon and conduct all Family Law and De Facto Relationship matters in the Family Courts at Sydney, Wollongong and Parramatta. Kevin can also assist you in Criminal Law and appear in Local Courts all over New South Wales in AVO and criminal proceedings as well as ...read more

Amanda DoringAmanda Doring 

is a Family Law Accredited Specialist with extensive experience drafting binding financial agreements and conducting urgent applications in the Family Court and Federal Magistrate’s Court as well as De Facto proceedings in the Supreme, District and Local Courts ...read more

Lisa O'Leary 

operates predominantly in the area of Family Law and De Facto Relationship dispute resolution in the Family Court, the Federal Magistrates Court, the Local and Supreme Court or by alternative dispute resolution procedures ...read more 

Nicola Morgan 

Nicola joined Warren McKeon Dickson in January 2009 as the recipient of the Warren McKeon Dickson Work Integrated Learning Scholarship offered in conjunction with the University of Wollongong.  ...read more 

 

 

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