What Rights Does a Parent Have to Relocate With Their Child?

Following separation, a parent has a right to relocate and may wish to do so because of work opportunities or the presence of other family members who can help with child care. However, whether they are able to do this with their child may not be straightforward.

Obtaining a Court Order

If a parent wants to move away to another city, state or even another country with their child, they must have the permission of the other parent. Should permission not be forthcoming, then the relocating parent will need to obtain a Court Order to do so.

The Court may not grant permission for several reasons. This may be because the move will significantly affect the time spent with the other parent and the resultant impact on the relationship with them. As with all matters concerning children, the Court will consider what is in the child's best interests before making its decision. Factors considered include the benefit to the child of a meaningful relationship with both parents; protecting the child from harm; the views of the child; and the child’s relationship with their parents and other important relatives.

Relocating a child without the required permission is referred to as child abduction.

Contact our Child Relocation Lawyers in Sydney, NSW

Cases involving the relocation of children can be complex, impacting both the children involved and also affecting parental responsibilities. Please get in touch with the family lawyers at Szabo & Associates Solicitors for expert advice. We have helped many parents to relocate to another state or country. Contact us on 02 9281 5088 or complete the online contact form.