Relocating with children

Relocation is a difficult issue in Family Law and a very hot topic here in North Queensland. Cairns is a fairly transient city and we often receive enquiries from clients who wish to move to another part of the state or indeed move to another state.

The reality is that there are no "hard and fast" rules when it comes to the Family Courts making decisions in these type of cases. Each case is decided upon its individual facts.

A significant development was the amendments to the Family Law Act which were introduced in 2006. The emphasis that the amendments gave to shared parenting have changed the landscape somewhat.

It is now more difficult to persuade the Family Court to allow relocation since one of the main objects of the current Law is that a child is entitled to have a significant and meaningful relationship with both parents (unless there is the existence of family violence). It is of course possible for a child to enjoy a relationship of sorts with a parent from distance and technology such as webcams can assist. However the onus is certainly very much on the parent wishing to relocate to establish that the arrangments proposed will facilitate a substantial and meaningful relationship with the other parent.

In these circumstances it is not usually a good idea to simply relocate with a child without any consultation with the other parent. This often leads to the issue of an application for a recovery order which can have catastrophic effects on all parties, not least the child.

A parent who wishes to relocate needs to fulfill certain criteria. It is often a sensible idea to seek early legal advice so that a strategy can be worked out and perhaps negotiations with the other parent be entered into. It may well be that the lawyer advises against the relocation or advice may be given which ultimately leads to a stress free relocation. Either way relocation with a child is not something than should be considered without very carefully weighing up all the consequences.