Under Australian Family Law, “relocation” refers to a significant change in where a child lives that affects the child’s ability to maintain a relationship with the other parent. This could mean moving to a different city, state, or even another country. The parent proposing the move must carefully consider the legal implications, as relocating without consent can breach existing parenting orders.
Consent and Communication Are Key
If parents share equal parental responsibility, one parent cannot simply relocate the child without the other’s agreement or a court order. Open communication and mediation are often the first steps in resolving relocation disputes. Mediation allows parents to explore alternative arrangements and find a compromise that supports the child’s wellbeing and family stability.
For families who cannot agree, the court will ultimately decide whether relocation is in the child’s best interests—the guiding principle of the Family Law Act 1975 (Cth).
The child’s best interests, prioritising their safety, stability, and emotional wellbeing.
The child’s relationship with each parent and other significant people in their life.
The practical impact on the child’s ability to spend time with the non-relocating parent.
The reasons for the move, such as employment opportunities, family support, or better living conditions.
The feasibility of alternative arrangements, such as longer but less frequent visits or virtual communication.
Each case is unique, and the court aims to balance the relocating parent’s right to freedom of movement with the child’s right to maintain a meaningful relationship with both parents.
Parenting Orders and Relocation
If a Parenting Order is already in place, it will likely outline where a child is to live and how time is divided between parents. Relocation without the other parent’s consent may amount to a breach of the order, which could result in serious legal consequences.
In such cases, the non-relocating parent can apply to the court for a Recovery Order, which requires the child to be returned. Conversely, the relocating parent may seek a Variation of Parenting Orders to reflect the new circumstances.
Relocation Without Court Approval
It’s critical that parents do not relocate a child without proper consent or a court order. Doing so can be considered a contravention of Family Law, leading to penalties, enforcement actions, or a loss of custody. Seeking early legal advice is essential before making any major decisions about moving.
International Relocation and Child Abduction Risks
When relocation involves moving overseas, the matter becomes even more complex. Australia is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, which provides a framework for returning children wrongfully removed from their home country. Parents should seek specialist Family Law advice to understand their rights and responsibilities under international law.
The Importance of Legal Advice and Mediation
Before applying to court, parents are encouraged to attempt Family Dispute Resolution (FDR) through a registered mediator. Mediation can save time, reduce emotional stress, and often leads to outcomes that better suit both parties. If mediation fails, an FDR certificate is required before filing an application with the FCFCOA.
Recent Trends in Relocation Cases (2025)
In 2025, courts continue to emphasise shared parenting and the child’s right to maintain strong connections with both parents. However, the impact of remote work and flexible schooling options has slightly shifted how relocation cases are evaluated. Courts are now more open to arrangements involving hybrid living, virtual communication, and extended school holiday visits to balance parenting time.
At New South Lawyers, we understand that relocation disputes can be emotionally taxing and legally complex. Our experienced Family Law team provides tailored advice to help you make informed decisions about your child’s future.
Whether you are seeking permission to relocate or opposing a proposed move, we will advocate for the best interests of your child with empathy and professionalism.
Contact New South Lawyers today to discuss your situation with one of our expert Family Lawyers. We’ll help you understand your options, protect your parental rights, and guide you through every step of the legal process.
