What happens if one parent wants to move away?

It’s not uncommon for a recently-separated parent to want to move away with the children and often the reasons include wanting to be closer to family, a change in employment, a new relationship or even fleeing domestic violence.

There is no prescribed distance that defines simply moving and moving ‘away’ so changing residence to another house five minutes down the road is fine. However, if the distance makes it significantly more difficult for the children to spend time with the other parent, you’ll need either consent or permission from the Court.

A proposed relocation by one parent is determined the same way as any other case – finding out the best interests of the children and then carrying those out.

Where it is safe to do so, having a discussion – or series of them – with the other parent as to what a possible relocation would mean for the children’s time with them is a good place to start and, if that doesn’t work, attending a mediation is generally the next step.

If Court proceedings become required because the parents still can’t agree on the children’s future arrangements, the judge will consider a variety of factors such as the benefits of relocating, the legitimate desire of a parent to live elsewhere and the (probable) diminishment of the children’s relationships with the other parent.

If you’re wanting to relocate away with your children, it’s best to begin the process as early as possible before the proposed move. Major decisions such as these can take a long time in Court to resolve and you don’t want your life to be left in limbo while you wait for any permission to leave.

Joshua Noble is an Accredited Family Law Specialist at Zande Law located at Suite 3, Jade Chambers, 15 Middle Street, Cleveland. To contact Josh for advice, please phone (07) 3385 0999 to schedule an appointment.

The information in this article is merely a guide and not a full explanation of the law. This firm cannot take responsibility for any action readers take based on this information. When making decisions that could affect your legal rights, please contact us for professional advice.