Relocation.
A reference to Family Law “relocation cases” suggests the Court approaches these matters uniquely to other parenting disputes, however this is not the case. Rather, these matters are also determined with the child’s best interests being the paramount consideration.
As a result of the complexities associated with the proposed relocation of children, the Court has given careful, and repeated, consideration to the approach to be adopted in such cases.
A “relocation” in Family Law refers to a parent’s proposal to relocate a child’s residence, the effect of which would make it significantly more difficult for the child to spend time with the other parent. This move may be international, interstate or even within the same metropolitan area if the distance would meaningfully alter the child’s existing care arrangements.
The Court has consistently reinforced several key principles in relocation cases, including:
The Court cannot separate the relocation issue from broader parenting arrangements;
Compelling reasons for, or indeed against, the relocation need not be shown;
Treating the welfare or best interests of the child as the paramount consideration does not oblige a Court to ignore the legitimate interests and desires of the parents. Priority will nevertheless be accorded to the child’s wellbeing.
Ultimately, the question is not whether a parent should be allowed to move, but which overall parenting arrangement best promote the child’s welfare.
If you wish to relocate with your child, the Court will assess:
The child’s best interests overall – including stability, emotional wellbeing, education and access to support networks;
The impact on the child’s relationship with the other parent;
Practical considerations such as travel costs, frequency of time, and communication necessary to facilitate the child’s relationship with the other parent;
Your parenting capacity and reasons for moving, including employment, financial security, family support, mental health, or safety concerns (including family violence);
The child’s views – depending on age and maturity;
Realistic alternatives – such as whether the other parent could relocate or whether revised time arrangements are workable.
When a parent is opposing a relocation, it will be necessary to demonstrate:
The strength of your relationship with the child and the inherent positives which flow from it being maintained;
Any detrimental impact on your relationship with the child arising from the move, including reduction in time;
The uncertainty of the arrangements proposed by the other parent;
The potential consequences of the child being withdrawn from their current environment, including their stage of development and their existing connections with school, peer groups and extended family.
Relocation cases are highly fact specific. The Court must carefully balance competing proposals, parental autonomy, and the legislative considerations relevant to determining what is in the child’s best interests.
Sayer Jones have a particular expertise in relocation matters and have assisted clients to relocate – or oppose a relocation – to a variety of international, interstate, rural and metropolitan locations. We provide clear and considered advice and strategic representation in these complex Family Law disputes.