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Coutts offers expert legal representation for individuals dealing with Child Relocation. Our dedicated team includes an Accredited Family Law Specialist who is highly experienced in handling the intricacies of Family Law cases. We understand the sensitivity and complexity of Family Law matters, and we are committed to protecting the rights and well-being of our clients with compassion and precision.
Luisa Gaetani
Partner & Accredited Family Law Specialist
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Child Relocation
At times, a parent may wish to relocate to a new location with their children. Where this new location is a greater distance from the current residence of the children and where the other parent’s time with that child will be impeded, the parent wishing to relocate must obtain consent from the other parent to do so.
If consent is not given from the other parent, the parent wishing to relocate should apply to the court for relocation orders. The Court will consider if the relocation would be detrimental to the child and the relationship with their other parent. The Court will make a decision based on what is in the child’s best interests.
Similarly, if one parent wishes to relocate to another country, it is important to obtain the other parent’s consent. The Hague Convention is an international law document protecting children from being forcibly removed internationally. Many countries are party to the Hague Convention, and as a result, if one parent does locate to another country without the consent of the other parent, that parent can apply to the Central Authority for an Application to have the child returned to Australia.
In circumstances where one parent does not consent to an international relocation, the parent wishing to relocate can make an Application for International Relocation Orders. In determining whether to allow the relocation, the Court uses the same principles as are used when deciding any other parenting matter. The Child’s best interests are the paramount concern, and the Court must determine whether allowing the Child to be relocated internationally is in their best interests. In addition, the Court would be concerned about how the party wishing to relocate proposes to maintain a meaningful relationship with the parent who remains in Australia.
How can Coutts help?
It is important to seek legal advice before providing an interview to the Police in relation to any domestic violence-related incident. Our Coutts Criminal Law team has the expertise to assist you throughout the process.
What to Expect with Coutts Lawyers
Step 1: Initial Contact
Reach out to Coutts Lawyers via our website, phone, or in person. Briefly describe your matter.
Step 2: Consultation Appointment
Schedule and attend a meeting with a Coutts lawyer to discuss the specifics of your matter and desired outcomes.
Step 3: Information & Legal Advice
Share all related documents and information. Your lawyer will review everything, clarify aspects as needed, and then advise on the best action course.
Step 4: Action Plan Development
Based on the advice, an appropriate action plan will be formulated. This may involve communication, documentation processes, or further legal steps.
Step 5: Implementation
Execute the action plan, addressing a range of legal scenarios as necessary.
Step 6: Resolution & Closure
Navigate towards a resolution, with the path determined by the nature of the matter. Your Lawyer will outline any final actions or considerations.
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Introducing Luisa
Your Compassionate Lawyer
Meet Luisa, a Partner at Coutts Lawyers & Conveyancers, and an Accredited Family Law specialist. Luisa is the head of our esteemed Family Law team. Boasting over a decade of expertise, Luisa blends sensitivity with practicality, forging deep connections and trust with her clients. Her reputation as a foremost authority in Criminal and Family law is well-deserved.
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Child Relocation FAQ’s
A parent wishing to relocate with a child must obtain consent from the other parent, especially if the relocation impedes the other parent’s time with the child. Without consent, the parent must apply to the court for relocation orders. The court will consider the child’s best interests and the impact on the relationship with the other parent before making a decision.
If a parent relocates to another country without consent, the left-behind parent can seek help under the Hague Convention, which protects children from international abduction. Legal advice is crucial in such situations to navigate international laws and treaties efficiently.
The court, when approached with international relocation requests, primarily considers the child’s best interests. It evaluates how the relocating parent plans to maintain the child’s meaningful relationship with the parent staying in Australia. Consent from the other parent is crucial, and without it, a proper legal application for International Relocation Orders is mandatory.
If there’s a disagreement over relocation, it’s essential to seek legal advice promptly. Applying to the court for relocation orders is necessary when consent is not given. The court will review whether the move benefits the child and maintains their relationship with the other parent.
Yes, the court can prevent relocation if it deems it detrimental to the child’s best interests, relationship with the other parent, and if there’s a lack of consent. It assesses whether the child maintaining a meaningful relationship with the parent remaining in Australia is feasible.
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