When parents separate, one of the most challenging issues that can arise is the question of relocation. In Australia, both parents have a responsibility to make decisions that are in the best interests of their child, even after they part ways. So, if your ex-partner wants to move with your child, the distance they can move is not unlimited.
Under Australian law, a parent cannot simply move away with a child without considering the other parent’s rights and responsibilities. The Family Law Act 1975 requires both parents to work together to make major decisions about the child, including relocation.
This means if your ex-partner plans to move far away, whether within the same state, to another state, or even overseas, they will usually need your agreement or permission from the court.
The court will look at how far the move is, how it affects the child’s relationship with the other parent, and whether it is in the child’s best interests. The idea is to ensure that the child still has a meaningful relationship with both parents, even if one parent relocates.
Do I Need to Agree to How Far My Ex-Partner Can Move With Our Child?
Yes, in most cases, your ex-partner will need your agreement to move with your child, especially if it will make it harder for you to spend time with them.
Relocation decisions are considered a “major long-term issue” under the Family Law Act, which means both parents must be involved in the decision-making process. If your ex-partner wants to move far away, they must either get your consent or apply to the court to seek approval.
You can give your consent in writing, and this should be done formally through a parenting plan or a consent order. A parenting plan is an informal agreement, while a consent order is a legally binding document approved by the court. If you and your ex-partner agree on the relocation, it’s important to document it clearly to avoid disputes later.
If you don’t agree, your ex-partner will need to apply to the Family Court or Federal Circuit Court for permission. In this situation, the court will decide whether the move is in the best interests of the child.
Also Read: How to Obtain Family Court Orders in Qld?
What Happens If My Ex-Partner Moves Too Far With My Child Without Permission?
If your ex-partner relocates with your child without your consent or without a court order, they may be violating Australian family law. This is called unauthorised relocation, and it can have serious legal consequences.
You have the right to take legal action if your ex-partner moves too far without permission. You can file an urgent application to the Family Court for a recovery order, which requires your ex-partner to return the child to the original location. A recovery order is designed to restore the child’s living arrangements to what they were before the move.
In making this decision, the court will consider whether the unauthorised move negatively affects the child’s relationship with you. The court will also look at how far the move was, the reasons behind it, and whether it was in the child’s best interests.
If the court finds that your ex-partner acted improperly, it may also affect future parenting orders, including the allocation of time spent with the child.
It’s important to act quickly if your ex-partner moves without permission, as delay may make it harder to reverse the relocation.
How Does the Court Decide How Far My Ex-Partner Can Move With Our Child?
When the court decides whether your ex-partner can move with your child, it doesn’t have a set rule about how far they can go. Instead, the court examines each case individually to determine what is in the child’s best interests.
Some of the factors the court considers include:
- The child’s relationship with both parents: The court wants to maintain the child’s connection with both parents. If the move significantly impacts the time the child spends with you, this could work against the relocation.
- The Reason for the Move: Your ex-partner may have valid reasons for wanting to relocate, such as a new job, family support, or better opportunities for the child. The court will weigh these reasons against any negative impacts the move may have.
- The Impact on the Child: The court will look at how the move might affect the child’s well-being, including changes in schooling, social connections, and stability.
- Practical Arrangements: The court also considers whether practical solutions, such as extended holiday visits or video calls, can help maintain the relationship between the child and the non-relocating parent.
Ultimately, the court’s decision will be based on what it believes is best for the child, not what is easiest or most convenient for either parent.
Can My Ex-Partner Move Interstate or Overseas With My Child?
If your ex-partner wants to move interstate or overseas with your child, the legal process becomes more complex. Interstate or international relocations can make it much harder for the child to maintain a relationship with the other parent, so these moves are more closely scrutinised by the court.
For interstate relocations, the court will look at many of the same factors mentioned earlier, such as the impact on the child’s relationship with both parents and the reason for the move.
However, because the distance is likely to be greater, the court will also consider whether regular travel between states is feasible and whether practical arrangements can be made to preserve your relationship with your child.
For international relocations, the process is even stricter. In addition to the factors already discussed, the court will consider issues such as:
- Visa and Travel Restrictions: The court will need to ensure that the child has the proper documentation and that both parents can still see the child without legal complications.
- International Laws and Treaties: Australia is part of the Hague Convention, which protects children from abduction across international borders. The court will ensure that the proposed country of relocation respects these agreements, to prevent a parent from being cut off from the child.
If the court allows the relocation, it may impose specific conditions to ensure the non-relocating parent can still maintain a meaningful relationship with the child, such as requiring frequent visits or setting up video calls.
Also Read: Can I Take My Child Overseas Without Fathers Permission Australia
Balancing Distance and the Child’s Best Interests
Relocation disputes can be emotionally challenging, and the question of “how far can my ex-partner move with my child?” requires careful consideration of the law and the child’s best interests.
The court’s primary focus is always on ensuring that the child maintains a meaningful relationship with both parents while also balancing practical considerations like distance and the parent’s reasons for moving. If you find yourself in this situation, it’s crucial to understand your rights and obligations.
Concerned about Your Ex-Partner’s Plans to Relocate with Your Child?
If you need advice about relocation matters, contact Walker Pender for expert legal guidance. Our experienced family lawyers can help you navigate the complexities of relocation disputes and work to protect your relationship with your child. Don’t hesitate—reach out today!
