Child Relocation Orders and the Family Court

You might want to move with your children to a different town, state, or country.

You might be worried that your ex might move away with your children.

For both these situations, if there is no agreement, the Family Court of Western Australia can make Orders in the best interests of the children.

What are Relocation Orders

If you have ever thought about moving away with your children from the same town, state or even country that your ex lives in and they do not agree you must get an order from the Family Court to allow you to take the children. These are usually called Relocation Orders.

If there is no agreement parents have to get permission from the Court to relocate the children, because it might not be in the children’s best interests, no matter what each parent thinks. The Court must make sure that the relocation does not adversely affect the children’s relationship with the other parent. The Court decides this by looking at what is in the best interests of the children. This means that the court might refuse permission to relocate the children.

What does the Family Court consider before making Relocation Orders?

The considerations include:

1. What is in the child’s best interests are the paramount (first) consideration, but not the sole consideration.
2. The Court considers what the parents want to happen.
3. The Court will look at the immediate and long-term effects that the relocation might have on the child/ren and their welfare, and consider how their relationship with each parent will be affected.
4. The Court will decide which of the parents’ proposals are in the best interests of the child/ren. The Court might also make a different proposal if it thinks what the parents want to happen is not in the child’s best interests.

 

My ex has taken my child?

Sometimes a parent will move with the child/ren without a court order being in place.

If they move within Australia, the Court can make a Recovery Order that the child/ren be moved back to where you are. Then the Court process for a relocation order will begin.

But if you think your ex is going to move outside Australia with your child, you must act fast. The child/ren need to be included on the Australian Federal Police Family Law Watch List. This will restrict the child/ren being moved out of Australia.

My child has been taken out of Australia

This is a complex situation and the options available depend on many factors and importantly where the child/ren have been taken to.

In these situations, prevention is the best course see Family Law Watch List.

Each family and their separation is different. The outcomes of relocation applications to the Family Court vary according to the circumstances of each family. If you are considering relocating or if your ex is considering relocating with the child/ren whether you agree or not, you should seek legal advice from an experienced Family Lawyer immediately.

We suggest always getting legal advice from a Family Lawyer regarding parenting matters.

Wayne Dawkins is an experienced Perth Family Lawyer who provides family and relationship legal services, call 9214 3887 or submit an your enquiry on the website and we will call you back.