Relocation cases: New Family Court considerations? listen to Kim Randle from Family Lawyer at Armstrong Legal
If you want to relocate with your child, an application can be made to the Court asking the Court’s permission to make orders that allow one party to relocate with the child.
The application can be made prior to the intended relocation or after your former spouse/partner has relocated with a child (where you did not consent or were not aware of the relocation).
In the application, it is important to set out why the relocation is in the best interests of the child. In your application you should include a proposal for the child to spend time with the parent who will be remaining behind.
Ultimately, the Court has to resolve the dilemma of both parties’ respective competing proposals (including the right to freedom of movement) and arrive at a decision as to what is in the best interests of the child.