Few situations are more distressing than discovering your former partner intends to move overseas with your children. For many Australian parents, this raises immediate fears about losing meaningful contact and involvement in their child’s life.

Under Australian Family Law, international relocation cases are complex, emotionally charged, and highly dependent on the child’s best interests. If you’re asking, “Can I stop my ex from moving overseas with our kids?” the answer is: possibly — but it depends on several legal factors.

Let’s break it down clearly.

What Does Australian Family Law Say About Relocation?

In Australia, decisions involving children after separation are governed by the Family Law Act 1975. The guiding principle in any relocation dispute is the best interests of the child.

The Court does not automatically favour either parent. Instead, it considers:

• The child’s relationship with both parents
• The benefit of maintaining meaningful involvement with each parent
• The impact of relocation on the child’s emotional wellbeing
• Practical arrangements for time and communication
• The reasons for the proposed move

If one parent wants to relocate overseas and the other objects, the move generally cannot proceed without either:

• Written consent from both parents, or
• An order from the Court permitting relocation.

Do I Need the Other Parent’s Permission?

If there are existing parenting orders, you cannot simply relocate internationally without complying with them. Removing a child from Australia without consent may amount to a breach — and in some circumstances, could be considered international child abduction.

If there are no formal parenting orders in place, both parents with parental responsibility must still agree to major long-term decisions, including overseas relocation.

If agreement cannot be reached, the matter may need to go before the Federal Circuit and Family Court of Australia.

What If My Ex Tries to Leave Without Consent?

If you believe your ex may attempt to leave Australia without your consent, urgent action is possible under Family Law.

You can apply to the Court for:

• A Recovery Order
• An injunction preventing removal of the child
• Placement of the child on the Airport Watch List

The Airport Watch List prevents a child from being taken out of Australia without proper authorisation. This can provide immediate peace of mind while legal proceedings are underway.

How Does the Court Decide Relocation Cases?

There is no automatic rule that relocation is allowed or refused. Each case is assessed individually.

The Court may consider:

The Practical ImpactIf relocation would significantly reduce the child’s relationship with the non-moving parent, the Court will carefully assess whether alternative arrangements (extended holiday time, video calls, travel schedules) are realistic.

The Moving Parent’s ReasonsIs the relocation for employment? Family support? A new partner? Safety? The reasons must be genuine and child-focused.

The Child’s ViewsDepending on age and maturity, the child’s opinion may carry weight.

Financial CapacityCan travel costs be reasonably managed? Will the relocating parent facilitate contact?

Ultimately, the Court balances competing proposals and determines which arrangement best serves the child’s long-term welfare.

What About the Hague Convention?

If a child is wrongfully removed from Australia to a country that is part of the Hague Conference on Private International Law, the Hague Convention may assist in securing the child’s return.

However, Hague proceedings focus on jurisdiction rather than custody merits. Prevention is far easier — and less traumatic — than recovery after removal.

Can Mediation Help?

Before going to Court, parents are generally required to attempt Family Dispute Resolution (FDR). This can sometimes resolve relocation disputes through compromise solutions such as:

• Delayed relocation
• Shared travel costs
• Extended holiday contact
• Technology-based communication plans

Negotiated agreements are often less damaging emotionally and financially than litigation.

What Are My Options If I Want to Stop the Move?

If you object to your ex moving overseas with your children, you may:

• Attempt mediation
• Seek urgent legal advice
• Apply for parenting orders preventing relocation
• Request placement on the Airport Watch List

Timing is critical. Acting early significantly improves your ability to prevent sudden relocation.

What If I’m the Parent Who Wants to Relocate?

If you’re the parent wishing to move overseas, understand that the Court will expect a well-prepared proposal. You’ll need to demonstrate:

• Detailed schooling arrangements
• Housing plans
• Financial stability
• A structured plan to maintain the child’s relationship with the other parent

Relocation cases are rarely straightforward under Australian Family Law, and preparation is essential.

The Emotional Reality of Relocation Disputes

International relocation cases are among the most emotionally challenging matters in child custody Australia proceedings. They often involve competing but genuine parental interests.

The Court’s role is not to punish either parent — it is to ensure the child’s long-term stability, safety, and emotional wellbeing.

If you’re facing this situation, early legal advice can make a significant difference.

When Should You Seek Legal Advice?

If:

• Your ex has mentioned relocating overseas
• You suspect travel plans are being made
• You are considering relocation yourself
• There are existing parenting orders

You should seek advice from a qualified Australian Family Law solicitor immediately.

Delays can complicate your legal position.

Suggested External Links:

• Federal Circuit and Family Court of Australia
• Attorney-General’s Department – Family Law information
• Legal Aid Australia
• Family Relationships Online

If you’re dealing with an international child relocation dispute, don’t navigate it alone.

Speak with an experienced Family Law professional. Contact New South Lawyers to protect your parental rights and your child’s future. Book a confidential consultation today and get clear advice tailored to your situation.