Our Services and Resources
Relocation of Children
When you and your partner divorce or separate there are numerous consequences not only for you, but also for your children.
An issue often arising on divorce or separation is the question of one parent wanting to move with the children to another city, state or country (i.e. relocation).
This issue can be a very emotional and daunting one for most people in the process of divorcing or separating.
When the question of relocation is raised, you should obtain legal advice from a specialised family law practitioner.
The Family Court will consider the competing proposals of each parent and ultimately whether the children should relocate based on whether or not it is in the children's best interests to do so. The Family Court would, for example, consider such factors as:
- Any wishes expressed by your children;
- The nature of the relationship of your children with each parent and with other significant people, such as grandparents;
- The likely effect of any changes in your children's circumstances;
- The practical difficulty and expense of your children having contact with the non-relocating parent;
- The capacity of each parent to provide for the needs of your children;
- Your children's maturity, sex and background;
- The need to protect your children from physical or psychological harm caused, or that may be caused, by abuse, ill-treatment, violence or other behaviour;
- The attitude to your children, demonstrated by each of the parents;
- Any family violence involving your children or a member of your children's family;
- Whether making an order for relocation would be least likely to lead to further court proceedings;
- Any other fact or circumstance that the court thinks is relevant.
We pride ourselves in being able to provide prompt and accurate advice, in an understanding and supportive way.
Please contact us to obtain detailed advice regarding parenting arrangements for your children, including any proposed relocation.
Level 2, 370 Pitt Street
Sydney NSW 2000 Australia
PO Box 21117
World Square NSW 2002 Australia
On 1 May 2018 we are moving to Level 15, 175 Liverpool Street, Sydney. There will be no other change to our contact details.
The content on this site is not intended to provide legal advice. It is general information only. You should not rely upon it as legal advice. If you would like to discuss anything of interest or concern to you, please contact us. Nothing arising from the information on this site is intended to create a legal relationship between us and any reader.
Liability limited by a scheme approved under Professional Standards Legislation.
World Square Secure Parking Station, Cnr. Goulburn & Pitt Streets
Phone 1800 727 5464 - Closes at 1.00 am
Goulburn Street Parking Station, Cnr Goulburn & Elizabeth Streets
Phone 1800 727 5464 - Closes at Midnight