Court Orders about Relocation
If you have Court Orders in place, hopefully they will contain a clause which prevents a parent from relocating.
If your Court Orders do contain a strong relocation clause, then relocation is a contravention (breach) of the Order, and the non relocating parent can ask the Federal Police to enforce the Court Order to bring the Child to them, if necessary.
A parent wishing to relocate in circumstances where a Court Order prevents relocation, must first apply to the Court to vary the Court Order and obtain permission to relocate.
An additional safeguard might be the type of ‘Parental Responsibility Order’ you have if your Orders were made since 1 July 2006.
The default position is a presumption of shared parental responsibility.
If your Order says the parents have “shared parental responsibility” then this means the parents must discuss and agree upon major long-term issues affecting the child.
Long term issues are defined by the Family Law Act 1975 to include changes to the child’s living arrangements that make it significantly more difficult for the child to spend time with a parent.
So if ‘shared parental responsibility’ applies, then if a parent intends to move elsewhere with a child, they should at least inform the other parent, but really, they should discuss and agree upon it.
Relocation – More Information
The sorts of things a Court wants to know, this issues and what a considers if they are deciding a case involving a parent who either has already moved away or who wants to move away, is explained in the information sheet How does a court decide Relocation cases if a parent moves away or wants to move away.
If you already have a Court Order or are getting a Court Order then you should also read our information sheet Court Orders & Relocation explained in full.
Our information sheet The other parent might Relocate: Do I need to do anything might also be helpful to you.
Relocation, Domestic & International Child Abduction: More Information
We also have the following pages providing additional information in relation to both Relocation of a Parent with a Child within Australia (domestically) and International Child Abduction:
- Can I stop the other Parent Relocating with my Child
- We’re on friendly terms – Do I worry about possible relocation
- The other parent might relocate: Do I need to do anything?
- Court Orders about Relocation explained in full
- How does a Court decide Relocation Cases if a Parent moves away or wants to move away
- Documenting your Parenting Agreement in a Binding and Enforceable way
- List of Hague Convention Countries
- What happens when a Child is taken to a Hague Convention Country
- What happens when a Child is taken to a Non-Hague Convention Country
- How to get a Passport for a Child
- How to make a Special Circumstances Application for a Child Passport
- Stopping a Child Travelling overseas: Child already has Passport
- Stopping a Child Travelling Overseas: No Passport for Child Issued yet
- Court Orders regarding Passports and Overseas Travel Orders
- Matters considered by Courts regarding issuing a Passport or making an Overseas Travel Order
Please show support for our free service by liking our Facebook Page
All Topics in the Child Issues Section
- Types of Parental Responsibility Orders
- Child’s Time with Parents: Shared Care or not
- Grandparents: Rights to see Grandchildren
- Documenting a Parenting Agreement
- Best Interests of the Children
- Relocation of a Parent with a Child
- Change of a Child’s Surname
- Child Passports & Overseas Travel after Separation or Divorce
- How to change a Final Parenting Order previously made by the Court
- International Child Abduction