When one parent considers relocating with children after a separation, it can cause conflict and stress for both parents.
A parent may consider relocating with children:
– for a fresh start;
– to move closer to family and support;
– for a job;
– for a new relationship.
Relocating with children will cause a significant change to the current co-parenting plan. The stakes are high for both parents. The process can take a toll on what may have been a successful co-parenting arrangement.
Does everyone need to agree?
It’s best if both parents can agree on the care arrangements for their children.
If both parents can agree on new arrangements a new parenting plan or consent orders may be implemented. This will provide both parents certainty moving forward.
If assistance is needed with negotiating an agreement, mediation may be considered. Alternatively, a solicitor can provide advice and negotiate an agreement on your behalf.
What if both parents can’t agree?
What happens if you’re considering relocating with children and the other parent doesn’t give consent?
You will need to apply to a court for orders allowing you to move.
If you do move without the other parent’s consent a judge could order you to return to your previous location. This could cause significant stress and financial hardship.
If you are considering relocating with children and there is a dispute, you should visit your solicitor.
When determining relocation disputes, a Judge will consider both parents proposals. A decision on the outcome will be made in the best interest of the children.
What happens if your former partner wants to move, and you don’t give consent?
If you are concerned about your former partner relocating with your children, seek urgent advice from a qualified family law solicitor.
Your solicitor will be able to provide guidance about your particular circumstances. Proceedings to seek an order preventing your former partner from moving away may need to start immediately.
If you are concerned about your former partner leaving the country you can request an order preventing passports from being issued. Placing the children’s names on the Airport Watch List may also be an option.
What if my partner has already moved without my consent?
In this instance, you may be able to apply to the court for an order that the children are returned to you.
Remember, NSW police do not have any jurisdiction in relation to disputes about children. They will not be able to assist with the return of your children.
The correct procedure is to apply to the Federal Circuit Court for an order authorising the Australian Federal Police to locate and recover the children.
If you have any queries or wish to obtain advice in relation to any of the issues raised in this article, please contact our team at Sheridan Legal.