Moving to a new place after divorce can feel overwhelming, especially since there are legal considerations to work through. But after careful planning and open communication with your ex, it can be a smooth journey for you and your kids. Whether you're moving for a job, to be near family, or just for a change, it's important to focus on your children's needs and keep a good relationship with your co-parent. This means understanding any legal steps you need to take, updating your parenting plans, and staying in touch with your co-parent. In this guide, I will offer practical advice and tips to help you relocate as a co-parent.
How to relocate interstate as a co-parent
Am I allowed to move my child without the father’s permission?
If you are planning to move away, even if there are current Parenting Orders in place, if possible you should discuss the idea with your former partner. This will allow you to explore options as to how a relocation might work, and whether they would agree or disagree with the relocation.
Note: There is no maximum distance that dictates how far your children are permitted to live from their Dad
Prior to any relocation you should either obtain the consent of the other parent or seek the permission of the Family Court or Federal Circuit Court of Australia.
If your ex agrees to the relocation
If your former partner allows you to move your children, cheers mate! Now you both need to apply to the Family Court requesting the Court to make Parenting Orders by consent. These will permit your kiddos to move to a new place and include Orders for time the children will spend with the other parent i.e. during the school term, school holidays and significant calendar events. There may be provision for that time to occur in the children’s previous city/state of residence and/or the new city/state of residence, as well as regular Skype/FaceTime and telephone communication.
Alternatively, you and your ex may choose to enter into a Parenting Plan under the Family Law Act reflecting the agreement reached. Note that unlike Parenting Orders made by the Court, a Parenting Plan is unenforceable.
Further reading: Are your kids flying alone? Don’t panic and read this.
If your ex does not agree to the relocation
If your ex does not agree to your kids' relocation, you may seek help from a Family Dispute Resolution (“FDR”) Practitioner. They can then invite your former partner to attend a mediation to reach an agreement regarding your relocation.
If you reach an agreement, it can be implemented through Consent Orders (or a Parenting Plan). If you didn't agree, the FDR Practitioner can issue a certificate as required by the Family Law Act stating that one of these conditions occurred:
- Mediation was attempted and was not successful
- Your party refused to attend the mediation
- The matter was otherwise unsuitable for mediation
How to move to another State as a co-parent (cont.)
Getting a court order for your relocation
This certificate is generally required by the Family Court or Federal Circuit Court before you can apply for parenting orders. This includes orders seeking the relocation of your children.
If legal action starts, you can still settle the matter by reaching an agreement and asking for the Court's approval.
Whether the Court needs to decide on the children’s relocation or you and your ex-partner come to an agreement, the Court’s top priority will always be the children’s best interests.
You don't need to make a strong argument for moving, but the Court will compare your proposal with your ex's. They will then decide which plan is better for the kids.
You might also consider moving while leaving the children with your former spouse. But make sure that this is in the best interests of the children. Consider these factors:
- The ages and wishes of the kids
- If they are settled in school
- Have established friendship groups
- And are otherwise progressing well
Moving children because of violence or child abuse
When moving due to violence, your children's safety comes first. In Australia, there are protections in place to help you. Seek legal advice right away to understand your options and consider getting a Family Violence Intervention Order. Make sure you have a safe plan for the move and keep things as stable as possible for your kids. Remember, support services are available to help you through this challenging time.
What happens if a parent relocates with children without the consent of the other parent or a relocation order from the Court?
If you do this, the other parent can bring an application in the Family Court or Federal Circuit Court for orders to locate and/or recover the children and return them to their previous residence and possibly into the primary care of that other parent.
This situation can be really tough on the kids, and it might also put you at a disadvantage in court. The judge could see your actions as not considering your children's right to maintain strong relationships with both parents. Basically, it could make it much harder for you to convince the court that moving is actually best for the children.
Take a child-focused approach to your move
When talking with your ex, whether it's directly, through mediation, or even in court, focus on what's best for the kids. This means showing that you're committed to supporting their relationship with the other parent, especially since you're moving. The court will likely want to see that you're prepared and willing to handle the challenges of maintaining a strong parent-child relationship despite the distance.
Summary: How to relocate with kids
When I moved to our new home with my kids post-divorce, my ex and I had to have some tough conversations about how we'd handle the distance. We knew it would be a big change, especially for our children, who were used to seeing both of us regularly.
We decided to focus on making the transition as smooth as possible. it was also crucial to set up a schedule for visits and regular video calls. This way, our kids could stay connected with both of us. It wasn't always easy—there were times when my kids missed their dad.
One thing that really helped was keeping the lines of communication open. We discussed any concerns or changes in our child's routine and worked together to support them through the transition. It was a learning experience for all of us, but in the end, it was about putting our child's well-being first and finding a new normal that worked for everyone.
Disclaimer:
This article is intended to be a guide only and does not in any way constitute legal advice, which would be dependent upon individual circumstances. If you are looking to move to another state as a co-parent, please seek advice from a Family Lawyer.
