What happens when I want to move my child to another city after separation in Australia?

Dec 10, 2023

Understanding the Legalities

When considering moving your child to another city after separation in Australia, it is essential to understand the legalities involved. The Family Law Act 1975 stipulates that a child has a right to have a meaningful relationship with both parents, provided it is in their best interest. Any decision to relocate must be made with this principle in mind.

Communicating with the Other Parent

It is always recommended to discuss your intentions with the other parent before making any major decisions. This can help to avoid any unnecessary conflict and ensure that both parents are on the same page about what is best for the child.

Written Consent

If the other parent agrees to the move, it is advisable to get their consent in writing. This can help to avoid any future disputes or misunderstandings about the agreement.

Seeking Legal Advice

Whether the other parent agrees to the move or not, it is always a good idea to seek legal advice. A family lawyer can guide you through the process and ensure that your child's best interests are being prioritized.

Applying for a Court Order

If the other parent does not agree to the move, you may need to apply for a court order. This can be a complex process and it is recommended to seek legal assistance.

court order

Considering the Child's Best Interests

When making any decisions about your child's living arrangements, the most important factor to consider is their best interests. This includes their physical and emotional wellbeing, their relationship with both parents, and their adjustment to change.

Factors to Consider

  • The age of the child
  • The child's relationship with both parents
  • The impact of the move on the child's education and social life
  • The child's views and feelings
  • Any history of family violence or abuse
child's best interests

The Final Verdict

Moving your child to another city after separation is a significant decision that requires careful consideration and planning. It is essential to communicate with the other parent, seek legal advice, and prioritize your child's best interests. Remember, every family's situation is unique and there is no one-size-fits-all solution.