Understanding Child Relocation in Australian Family Law
Under the Family Law Act 1975 (Cth), relocation refers to one parent moving with a child to a location that significantly impacts the child’s relationship with the other parent. This could mean moving a few hours away, interstate, or overseas.
If both parents agree to the relocation, the process can be straightforward. However, when one parent objects, the court must step in to determine whether the move is in the child’s best interests.
The ‘Best Interests of the Child’ Principle
The Family Court of Australia and the Federal Circuit and Family Court of Australia (FCFCOA) are guided by the principle that the child’s best interests are the paramount consideration.
Under section 60CC of the Family Law Act, the court considers both primary and additional factors when making decisions involving children.
Primary considerations include:
The benefit to the child of having a meaningful relationship with both parents; and
The need to protect the child from physical or psychological harm, neglect, or abuse.
If these two principles conflict, the need to protect the child from harm is given greater weight.
Additional factors may include:
The child’s views and preferences (depending on age and maturity);
The nature of the child’s relationship with each parent and other family members;
The effect of the change in circumstances on the child’s stability;
Each parent’s capacity to provide for the child’s emotional and physical needs; and
The practical difficulty and expense of the child spending time with the non-relocating parent.
When the Court May Approve Relocation
The court may approve relocation when it determines that the move will ultimately benefit the child’s overall wellbeing. Examples include:
The relocating parent has better employment, housing, or support opportunities that enhance the child’s living conditions.
The move allows the parent to be closer to extended family who can offer emotional or practical support.
The relocation provides access to better educational or healthcare facilities.
However, relocation is never guaranteed—the parent seeking to move must present strong, evidence-based reasons demonstrating that the relocation aligns with the child’s best interests, not just their own.
When Relocation May Be Refused
The court is likely to refuse relocation if:
It would severely restrict the child’s ability to maintain a relationship with the other parent;
The reasons for moving are not compelling or appear to disadvantage the child; or
The proposed arrangements for maintaining contact (e.g. video calls, travel schedules) are impractical or unrealistic.
Even if a parent’s circumstances improve due to the move, the court may still refuse relocation if it risks damaging the child’s emotional bond with the other parent.
If the court approves relocation, it usually implements detailed parenting orders outlining how the non-relocating parent will maintain communication and contact—such as through scheduled holidays, regular online communication, or travel arrangements.
Because relocation cases are highly complex and emotionally charged, seeking professional legal advice early is essential. A Family Law specialist can help parents understand their rights, prepare strong evidence, and negotiate workable parenting arrangements before resorting to litigation.
Our experienced Family Law team assists clients in relocation disputes, custody arrangements, and parenting orders. We aim to help you resolve matters amicably whenever possible while ensuring your child’s best interests remain the priority.
At New South Lawyers, we understand the emotional and legal challenges of child relocation cases. Our team of Family Law specialists is here to guide you through every step—ensuring your rights are protected and your child’s best interests remain central.
Contact New South Lawyers today to discuss your situation and get expert legal support to achieve the best outcome for you and your family.
