Relocation orders are notoriously difficult as they involve one parent seeking to relocate with the child to move to another town, state or country.
Obtaining a relocation order is not an easy task and often involves parents who have separated with conflicting views about where and with which parent the child should live.
If moving is going to limit the child’s time spent with one parent, then you need their consent to relocate. Without the remaining parent’s consent, you will need to apply to the Court for permission for the child to relocate.
In relocation cases the Court must consider what is in the child’s best interests. Many of the usual relevant considerations are intensified as the child will inevitably spend less time with the remaining parent.
The Court will consider:
- Whether a meaningful relationship can be maintained with the remaining parent despite the distance.
- The time the child or children will spend with the non-resident parent
- Travel time and accommodation costs
- Separation of the child’s extended family and friends
- The emotional health and wellbeing of the relocating parent
- Any views expressed by the children
Each application for a relocation order will be determined on its merits and will have the child’s best interests as the primary consideration.
Our team at Lindbloms Lawyers have been involved in a number of relocation cases. If you are considering relocating then we suggest you seek legal advice from a member of our team who have significant experience in relocation cases.