Going through a divorce or separation can be incredibly stressful when one parent wants to relocate with the children, and the other parent, who might not have primary custody, is unhappy about the proposed change. These situations can be difficult to resolve between parents, and are a common story before a judge in family court. Having said that, part of the reason this is often a judicial matter is because no two situations are ever alike when it comes to the question of the best way to relocate with children after a divorce.
If you find yourself needing to ask a court for permission to relocate with children, knowing how these cases are decided can help ease your worries. Family courts focus on one key question: what’s in the best interests of the child? That means if you’re planning a move and to relocate with children, you need to show the judge that it’s going to be a positive outcome for your child.
So, what should you think about covering when it comes to building a case for a parent to relocate with children? Contact Alliance Family Law….. or read on…
Family court judges prioritise the child’s best interests, considering factors like family dynamics, parental behaviour, any risk issues, and relocation-specific criteria such as the practicalities of a move and its impact on the child. Courts may consider a child’s views, depending on their maturity, and whether they might have been influenced by a parent in their feelings about a move. Also, the impact on parents’ mental health and their ability to effectively parent is assessed, among other factors.
So if you are wanting to relocate with children, you need to think about doing the following eight things.
1. Plan to show a plan
One common reason courts deny requests to relocate with children is if the parent hasn’t done enough homework. Demonstrating you’ve done thorough research is vital to support your case for relocation approval.
2. Carefully research the new location
If you’re hoping to move, it really helps to show you’ve planned carefully and haven’t simply chosen a new location on a whim. You might gather information about the new area—like community stats, details about local schools, healthcare providers, or even crime rates—to prove that you’re making a thoughtful decision with your child’s safety and happiness in mind.
3. Document your reasons
Articulate your reasons for wanting to relocate. Maybe there’s a great job opportunity that will improve your quality of life, and in turn, benefit your child. Or you may be able to document the more positive support network you’ll have once you move, whether that’s through family, friends, or community groups. However, understand that case law shows that your propposal can’t be rejected merely because you don’t have a “compelling reason” to want to move.
This is because many factors go into the ultimate decision on whether to permit the relocation. Still, a well-thought out plan on a potential move will ideally include information on why the move is sought, and how the reasons behind a relocation might benefit the child.
4. Convey how the move will be a positive change for the kids
Courts generally prefer not to disrupt a well-settled child’s life by permitting a relocation. However, even if your move will result in a new city, new house, new school, new friends and new care arrangements, among other changes, you can still show that the move will have a myriad of benefits that outweigh the negatives of subjecting a child to instability. For example, there may be a greater support network available to you in a new location, which will likely improve your parenting capacity.
5. Show the likely effect on you if you aren’t allowed to move
It’s also important to know that the court pays attention to the emotional well-being of the parent who wants to relocate. For example, if not being able to move would have a serious negative effect on your mental health, this might be considered when deciding if you’re able to provide the best care for your child. The crucial aspect is that any such negative effect on a parent must be clearly linked to a consequent negative effect on the child.
6. Consider the left-behind parent
Given the importance of a child’s relationship with both parents, it’s a good idea to show that you’ve thought about how your move might affect the other parent. Offering realistic ideas for a fair parenting plan that helps both of you stay involved in your child’s life can make a big difference. Court decisions are most favourable to a relocating parent when there’s a good plan for maintaining a meaningful relationship between the child and the non-relocating parent.
It can also be helpful to prepare arguments as to why a left-behind parent could actually move to the same location too–case law shows that it must not be assumed by a court that a left-behind parent can’t also move.
7. Demonstrate the practicalities of maintaing contact with the left-behind parent
The practicalities of competing proposals for where a child should live will be considered in a relocation case. This means providing actual evidence of the true costs of proposed travel arrangements and evidence of both parents’ financial means to uphold such obligations.
8. Get help crafting a good argument
Know that help is available. If you need guidance or just someone to talk things through, call Canberra family lawyer Cristina Huesch or one of our other experienced solicitors here at Alliance Family Law on (02) 6223 2400. Working through separation with children when relocation is in the mix is challenging, but we’re here to help you figure out the best way forward for you and your child.
What if you are the one who opposes a move?
Responding to a family law relocation application requires that the potentially left-behind parent researches and demonstrates evidence of the merits of maintaining the status quo. If you are this parent, you will want to show a court how the loss of daily contact with the child will affect you, how you will be unable to afford facilitating in-person contact (if this is true), give reasons why the relocating parent should stay where they are, and importantly, why you yourself can’t also move to the new location.
Whatever situation you are in, seeing a family lawyer will help you get a realistic overview of how a court might consider your case and identify the best strategy to achieve the outcome you want.
Please note our blogs are not legal advice. For information on how to obtain the correct legal advice, please contact Alliance Family Law on (02) 6223 2400.
