At times, a parent may wish to relocate to a different location with their children. Where this new location is a greater distance to the current residence of the children and where the other parents time with that child will be impeded, the parent wishing to relocate must obtain consent from the other parent in order 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. If this is the case, the Court will consider if the relocation would be detrimental to the child and the relationship with their other parent and a decision will be made 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 that remains in Australia.
How can we help?
It is essential to obtain legal advice before making an Application to the Court for relocation orders, and especially critical to obtain legal advice before relocating. The Family Law team at Coutts are here to provide you with timely, accurate advice in this regard. Contact us today!
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