What happens when one parent wants to relocate to a different region with the children? 

Recently we had a dad contact us concerned that the other parent was unilaterally moving to another region with their child, causing him distress.  Fortunately, an urgent application was made as a ‘Dispute between Guardians’ to the Family Court. That same day an interim order was granted ensuring that the child be returned to their hometown, there was a seven-day limit placed on their return.  

The relocating parent had unfortunately terminated their rental agreement and moved into new rented accommodation in their new location which left them in a difficult situation. Fortunately for the child the remaining parent was in a position to take on their primary care. 

The recommended approach, in these situations, is to take action immediately.  As far as the Courts are concerned, the reasons for relocation are questions for another day (at a hearing).  The first priority is to return the child to their original location, until matters around relocation can be heard. 

The lesson here is, don’t just up and leave. Relocation can be quite a process. The Family Court is child centric, the best interests of the child are the primary consideration, and maintaining a relationship with both parents is in the best interests of the child. The reasons for a parent relocating are very much secondary considerations. 

So, if relocation of your child is a looming issue, seek good legal advice and follow that advice.

If you need any guidance the team here at Kidz Need Dadz can help.