After a separation, it is not unusual for one parent to consider moving. Sometimes there is a new job opportunity, a new relationship or a desire to be closer to family. Other times, the move is simply about finding a more affordable place to live or starting again somewhere new.
The situation becomes more complicated when children are involved and the move would make it significantly harder for them to spend time with the other parent. A move from one part of Townsville to another suburb may have little practical impact, while moving interstate or a significant distance away could completely change the existing parenting arrangements.
If you are thinking about moving with your children after separation, it is important to understand that you should not simply assume you can make the decision on your own because there are no current court orders. The law can apply even when parents have only informal arrangements in place.
When Does Moving Become a Family Law Issue?
Parents are generally free to make decisions about where they live. The difficulty arises when a proposed move affects the children’s relationship with the other parent or makes existing arrangements impractical.
For example, moving from Townsville to another part of North Queensland might be manageable depending on the circumstances. Moving from Townsville to Brisbane, interstate or overseas is much more likely to have a substantial effect on school arrangements, travel, weekend time and the way the children maintain relationships with both parents.
This is where what might initially feel like a straightforward decision about where you live can become a parenting matter.
If both parents can agree on the move and work out new arrangements for the children, there may be no need for the matter to end up in court. A written parenting plan can be used to record an agreed arrangement, while consent orders may be appropriate where the parents want a legally enforceable agreement.
What If the Other Parent Does Not Agree?
This is where things can become much more difficult.
If one parent wants to move and the other believes the move would significantly affect their relationship with the children, the disagreement may need to be resolved through negotiation, family dispute resolution or, if necessary, the court.
The parent proposing the move will generally need to consider whether there is a practical way for the children to maintain their relationship with the other parent. That might involve changes to holiday arrangements, longer periods of time during school holidays or different arrangements for communication.
The court is not simply deciding whether the parent is allowed to move. If the matter goes to court, the focus is on what parenting arrangements are in the children’s best interests. The court will consider the circumstances of the individual family and the practical consequences of the proposed move.
What Will the Court Consider?
There is no automatic rule that says a parent can or cannot relocate with their children. Each situation needs to be considered on its own facts.
The practical effect of the proposed move can be particularly important. A move that turns regular after-school time into an eight-hour drive is obviously very different from moving somewhere that still allows the existing arrangements to continue.
The court can consider matters such as the children’s existing relationships, their schooling, their routines and how the proposed arrangements would work in practice. It may also consider the reasons for the proposed move and the impact it would have on each parent and the children.
This is why simply saying that the move would give you a better job or a fresh start is not necessarily enough. Equally, the other parent cannot necessarily prevent a move simply because they do not want you to leave.
The circumstances need to be looked at as a whole.
What If There Are Already Parenting Orders?
If there are existing parenting orders, you should take particular care before making any decision to relocate.
A parenting order is legally enforceable and generally needs to be followed unless it is changed or there is another legal basis for what has occurred. If your current arrangements no longer work because of a proposed move, you may need to seek a variation rather than simply changing the arrangements yourself.
This is one situation where getting legal advice before moving can be particularly important. Acting first and trying to sort out the legal position afterwards can create unnecessary complications, particularly if the other parent applies to the court seeking an order that the children be returned.
If there is a genuine concern about family violence or the safety of you or your children, the situation can be different and urgent legal advice may be appropriate.
What Should You Do Before Making a Move?
If you are considering relocating, it is worth thinking about the practical arrangements before making any firm decisions. Where will the children attend school? How will changeovers work? Who will pay for travel? How often will the children spend time with the other parent? What happens during school holidays and special occasions?
These questions are not just administrative details. They can become central to whether a proposed arrangement is workable for the children and both parents.
If you can reach an agreement, putting that agreement into a properly considered parenting arrangement can provide much more certainty going forward. If you cannot agree, getting advice early can help you understand your options before the disagreement becomes more difficult to resolve.
Get Advice Before You Make the Move
Relocation after separation can be an emotional decision, particularly when a parent has genuine reasons for wanting to start somewhere new. At the same time, moving children a significant distance can have a major effect on their relationship with the other parent and the arrangements that have been working up to that point.
There is no simple answer that applies to every family. What matters is understanding how the law applies to your circumstances and working out an arrangement that properly considers the children.
Strategic Lawyers assists families in Townsville and across Queensland with parenting and other family law matters. If you are considering moving with your children or the other parent is proposing to relocate, contact Strategic Lawyers for advice about your options and the best way to approach the situation.
