Thinking about relocating after divorce? There is definitely a lot to consider. If you have no idea where to begin (which is totally okay), we are here to help.
Wanting to move away with the children can be overwhelming, especially when there’s a former spouse in the picture. Maybe you're considering a fresh start across Australia, closer to family or new job opportunities. But if you share parenting responsibilities, it's not as easy as packing up and heading off.
This article will help you understand what Australian family law says about relocation after divorce or separation. We’ll look at legal requirements and how to handle it if your former partner doesn’t agree. If you're separating and co-parenting and need clarity on your rights, this guide is worth reading.
Relocating After Divorce and the Role of Family Law in Australia
If you want to move to a different state or even just a few suburbs over, and it affects current parenting arrangements, you may need to take legal steps before packing those boxes.
Under the Family Law Act 1975, any major move that changes your child’s relationship with the other parent requires the court's approval. The court must consider your child's best interests. This means you’ll need to show how the move will benefit them, not just you.
What Is a Relocation Order and When Do You Need One?
A relocation order is a court order that allows one parent to move with the kids, especially when the other parent doesn’t agree. If there's no mutual agreement and your move would impact custody schedules or the routine with the child’s other parent, it's a formal step you'll need to take.
Relocating After Divorce Without Telling the Other Parent
If there’s a parenting plan or parenting order in place, both parents need to agree before their kid/s can move somewhere else. Trying to move your children without the other parent’s consent has serious consequences, including being ordered to have the child returned. And we don't want that.
Even without a court order, the family court can step in if a parent moves without the other's agreement. In areas of family law like this, getting advice from an experienced family lawyer can save you a lot of stress.
How to Reach an Agreement Without Going to Court
If you and your ex are on relatively good terms, you may be able to avoid court altogether. Using family dispute resolution can help you reach an agreement that works for both of you. It's a structured way to discuss your plans to move, with the focus on the best interests of the child.
After deciding on things, you can formalise it through a consent order, which the court can make legally binding. This way, everyone knows where they stand, and you’ve got peace of mind before the moving truck rolls in.
What Happens If Your Former Partner Opposes the Move?
It’s not unusual for one parent to oppose the relocation, especially if they’re worried about losing time with the kids. When parents cannot agree, you may have to apply to the court for a relocation order. This isn’t a quick or easy process, but it may be necessary.
The court must consider a bunch of things, like how your move might affect your child's relationship with both parents, their schooling, support networks, and your ability to earn a living. The best interests of your children are always top priority.
Parenting Orders and What They Mean for Moving House
If a parenting order has been made, both parents have to stick to what it says. That covers things like where your child lives and how they spend time with each parent. A big move to a new location could breach that order.
Even if you’re just moving house within the same city, it’s worth checking if your move would disrupt the existing parenting arrangements. In some cases, you’ll need the other parent’s OK, or even the court’s.
Parenting Arrangements and Relocating After Divorce
When you’re relocating with your kids, your existing arrangements need to be reviewed. This is especially true when the relocation after divorce takes the kids far from their current school, friends, or the other parent.
You and your former partner may need to look at new custody schedules, alternative school holiday plans, or the possibility of setting up more video calls. The goal is to maintain a meaningful relationship with both parents, even after moving to a new area.
The Court May Grant a Relocation Order, But Not Always
You might feel strongly that the move may give your kids better opportunities or stability, but the court may not agree. When deciding whether to make orders, the judge looks at many factors: your reasons for moving, the practicality of the new location, and how the move affects the child’s day-to-day life.
Even when there has been family violence or mental health problems involved, the court still evaluates the situation based on the children’s best interests. That’s why you need solid legal advice and evidence to back up your case.
Dispute Resolution and Court Intervention
Before heading to court, most parents are required to attend a dispute resolution session. It’s a chance to reach a compromise before things escalate. In many cases, this step can help avoid lengthy (and costly) legal battles.
If conflict resolution fails and you cannot agree, the family law courts can step in to make orders. Whether you’re the parent who wants to move somewhere else or the parent who opposes the relocation, the process can be emotionally and financially draining. Again, and I can't stress this enough, getting legal advice early is key.
Final Thoughts: Relocating After Divorce
After applying for her divorce, my friend Lena wanted a fresh start for herself and her daughter, so they moved closer to her parents. It wasn’t an easy decision—Lena was worried about how it might affect her daughter’s bond with her dad. But they worked out a plan through mediation. While it took some adjustment, they made it work. Her daughter sees him regularly, and having support nearby has made a huge difference for both of them.
After separating, it’s completely understandable to want a fresh start or to live closer to your support network. But under Australian family law, relocating after divorce involves both parents' decision. A well-thought-out plan that focuses on your kids' best interests is your best bet. Make sure you understand your obligations under the Family Law Act. Speak to your family lawyer and don’t be afraid to ask for help. Most importantly, avoid rushing into a move that could trigger a legal headache.
