Relocation disputes are among the most challenging family law matters faced by separated parents. With the recent updates to the Family Law Act 1975, it is crucial to understand your rights, responsibilities, and legal options if you or your former partner wish to relocate with a child.

This article explains how the Family Law Act governs relocation disputes in Australia, what the courts consider, and the steps parents can take to resolve these sensitive issues.

What Is a Relocation Dispute?

A relocation dispute arises when one parent seeks to move with their child to another town, state, or even overseas, potentially impacting the child’s time and relationship with the other parent. These disputes can involve:

• Moving to a different city or region
• Interstate relocation
• International relocation

Such moves can significantly affect parenting arrangements and require careful legal consideration under the Family Law Act 1975.

How Does the Family Law Act 1975 Apply to Relocation?

The Family Law Act 1975 is the cornerstone of family law in Australia. While it does not specifically mention ‘relocation’, it covers all parenting orders and disputes concerning where a child lives.

The Act prioritises the best interests of the child above all else. Section 60CC of the Act outlines the key considerations, which include:

• The benefit to the child of having a meaningful relationship with both parents
• The need to protect the child from physical or psychological harm
• The impact of the proposed move on the child’s emotional and psychological wellbeing

Parents must apply to the Federal Circuit and Family Court of Australia if they cannot agree on relocation. The court will then assess whether the move is in the child’s best interests.

Key Factors Considered by the Court in Relocation Cases

When making decisions about relocation, the court considers:

• Reasons for relocation: The relocating parent’s motivations, such as employment, family support, or new relationships
• Impact on the child: How the move will affect the child’s schooling, social connections, and mental health
• Parental capacity: Whether both parents can continue meaningful involvement in the child’s life after the move
• Practicality of arrangements: Travel time, expenses, and feasibility of maintaining the child’s relationship with the non-relocating parent

It’s important to note that there is no legal presumption in favour of either parent in relocation disputes.

Steps to Take Before Relocating

If you are considering relocation, here are the crucial steps to take:

Seek Legal Advice Early legal advice from a qualified family law solicitor is vital. They can assess your case, outline your rights, and guide you through the process.

Negotiate with the Other Parent Before heading to court, you are encouraged to resolve disputes through negotiation or family dispute resolution (mediation). Many cases settle through mediation without the need for litigation.

Apply for a Court Order if Necessary If no agreement is reached, you must apply to the Family Court for a parenting order allowing relocation. You will need to demonstrate why the relocation is in the child’s best interests.

Risks of Relocating Without Consent

Relocating without either consent or a court order may result in serious legal consequences. The other parent can:

• Apply to the court for a recovery order
• Seek urgent orders preventing the move
• Initiate enforcement proceedings under the Family Law Act

In some cases, the relocating parent may even face penalties for breaching court orders.

Recent Family Law Updates Affecting Relocation Cases

Recent amendments to the Family Law Act 1975 and court procedures aim to:

• Simplify the dispute resolution process
• Prioritise children’s rights to safety and stability
• Increase penalties for non-compliance with parenting orders

These changes mean it is more important than ever to comply with legal processes and seek professional advice before attempting to relocate.

Alternative Dispute Resolution: A Preferred Approach

Australian family law strongly encourages Alternative Dispute Resolution (ADR). Services like Family Relationships Online and accredited mediators offer pathways to resolve disputes amicably, reducing stress and costs.

Mediation allows parents to:

• Voice concerns in a structured environment
• Explore flexible arrangements
• Reach enforceable agreements through Consent Orders

At New South Lawyers, our experienced Family Law team can help you navigate the complexities of relocation and parenting disputes.

Protect your rights and your child’s future

Contact New South Lawyers today for trusted legal advice.