Thinking about relocating with your children and moving after separation?
It’s not as simple as packing up and starting fresh, there are legal requirements you need to meet before making a move.
Relocation can affect parenting arrangements, school routines, and your child’s relationship with the other parent. Whether you’re moving for work, family support, or a new beginning, it’s crucial to understand your obligations and when mediation or a court application may be required.
In Australia, you can’t simply move with your child if it significantly affects their time with the other parent. Even if there’s no formal parenting order in place, moving after separation without proper consent or Court approval can have serious legal consequences.
This guide will walk you through the things you need to know about relocating kids after separation. Whether you’re planning a move or responding to your co-parent’s relocation request, we’ll help you understand your rights, your options, and the practical steps you need to take to protect what matters most.
If you’re considering relocating with your children, or facing a co-parent’s relocation request, our experienced family lawyers can help you navigate this process with clarity and confidence. Contact us today for a confidential consultation.
Moving after separation: how to relocate with the kids
The decision to relocate after separation isn’t just a personal choice. In Australia, if you want to move with your child and that move would significantly affect the other parent’s time with the child, you need either consent from the other parent or permission from the Court.
This applies whether you’re planning to move interstate, to a regional area, or overseas. Even a move within the same city could be considered significant if it substantially impacts existing care arrangements. Understanding your obligations when moving after separation is critical to avoiding legal complications.
Two pathways for relocation
1. Agreement via parenting plans or consent order
If both parents agree to the relocation, you can formalise this through parenting plans or apply for consent orders through the Family Court. These arrangements provide clarity and legal certainty for relocating kids after divorce.
Parenting plans are written agreements that outline care arrangements, including relocation terms. While flexible and easier to create, they’re not legally enforceable.
Consent orders, on the other hand, are Court-approved agreements that become legally binding. They provide certainty and protection for everyone involved. When you’re relocating kids after separation, consent orders give you the legal security to make the move without fear of later disputes.
2. Court determination
If parents can’t agree, you’ll need to apply to the Court for permission to relocate. The Court will assess whether the move is in the child’s best interests.
It’s important to understand that the Court doesn’t automatically favour the parent who wants to stay or the parent who wants to move. Instead, every decision centres on what’s best for the child, taking into account factors like distance, costs, schooling, the child’s relationship with both parents, and their overall wellbeing.
In May 2024, The Family Law Act Amendment 2023 removed the presumption of equal shared parental responsibility and simplified the factors courts consider when determining children’s best interests. Learn more about what these changes mean for parents.
Parenting plans vs parenting orders
When you’re considering moving after separation, understanding the difference between parenting plans and parenting orders is essential for making informed decisions about relocating kids after divorce.
Parenting plans: flexible but not enforceable
Parenting plans are informal written agreements between parents that outline care arrangements, including where children will live, how much time they’ll spend with each parent, and how decisions will be made. While flexible and easier to create, parenting plans are not legally enforceable. They work well when both parents communicate effectively and can adapt arrangements as circumstances change.
For relocation purposes, a parenting plan can document your agreement about the move and new care arrangements. However, because it’s not enforceable, either parent can later change their mind, leaving you in a vulnerable position if you’ve already relocated.
Parenting orders: legally binding protection
Parenting orders, on the other hand, are legally binding Court orders (either made by consent or after a Court hearing) that set out parenting arrangements. If a parent breaches a parenting order, there can be serious legal consequences, including fines or even imprisonment in severe cases.
When you’re planning to move after separation, having parenting orders in place that specifically address relocation provides legal certainty. The other parent can’t later object or try to stop the move if it’s already authorised by Court order.
Why updating your agreement matters
If you’re planning to move, it’s crucial to update your agreement before relocating, even for regional moves. A parenting plan that worked when you lived 10 minutes apart won’t necessarily suit a situation where you’re two hours or two states away. Formalising updated arrangements through consent orders provides certainty and legal protection for everyone involved, making the transition smoother for your children.
For a deeper understanding of these options, read our comprehensive guide on Parenting Plans vs Parenting Orders.
How mediation can help settle relocation disputes
Before you can apply to the Family Court about relocation, you’re generally required to make a genuine effort to resolve the matter through family dispute resolution (a specialised form of mediation). This requirement exists because mediation often leads to better outcomes for families, especially when moving after separation is on the table.
The benefits of resolving relocation matters through mediation are significant. It’s typically faster and far less expensive than Court proceedings. Mediation can generally occur within a month, while Court proceedings often stretch from eight to twelve months or longer. It also gives you more control over the outcome, rather than leaving the decision in the hands of a Judge. Most importantly, it can help preserve a cooperative co-parenting relationship, which is invaluable for your children’s emotional wellbeing when relocating kids after divorce.
Our experienced mediator Andrew Lander specialises in relocation matters and understands the unique challenges families face. We can help you reach agreement faster and at significantly lower cost than Court proceedings. Speak with us about your relocation matter.
When a family report may be required
If you can’t reach agreement through mediation and the matter proceeds to Court, the Judge may order a family report to help inform their decision about relocating kids after divorce.
A family report is an independent assessment prepared by a family report writer (our resident writer is Jill Lander) who evaluates:
- The nature and quality of each child’s relationship with both parents
- Each parent’s capacity to meet the child’s needs
- The likely impact of the proposed relocation on the child
- Home environments and living arrangements
- The child’s views (depending on their age and maturity)
- Any family violence or safety concerns
The report writer will typically interview both parents separately, observe interactions between the parents and children, and may speak with the children directly. They’ll also consider relevant documents like school reports, medical records, any existing parenting plans or orders and court material.
The resulting report provides the Court with expert insight into what arrangement would best serve the child’s interests. While Judges aren’t bound to follow the recommendations in family reports, they do give them significant weight in their decision-making.
What the Court considers in relocation cases
When parents can’t agree on moving after separation and the matter goes to Court, the judge’s paramount consideration is the child’s best interests, as required by the Family Law Act 1975.
H3: Key factors the court assesses
The Court will carefully assess numerous factors, including:
The distance and nature of the move
Is it interstate, regional, or overseas? How will distance affect the practical ability to maintain relationships?
Each parent’s capacity to maintain meaningful involvement
Can the non-relocating parent still have regular, quality time with the child? What would new arrangements look like?
Financial and logistical impact
Who will bear the costs of travel for changeovers? Are these costs sustainable long-term? How will distance effect the child’s ability to maintain their relationship with extended family?
The child’s education and support network
How will the move affect schooling, friendships, and community connections? Does the new location offer comparable educational opportunities?
The child’s emotional wellbeing
What are the child’s views about the move (if they’re mature enough to express them)? How attached are they to their current home, school, and friends?
The reasons for the relocation
Is the move motivated by a genuine opportunity (like employment or family support), or is it an attempt to limit the other parent’s involvement?
The quality of the child’s relationship with both parents
How involved has each parent been in the child’s life? What role does each parent play in meeting the child’s needs?
The practical side of moving after separation
Beyond the legal requirements, there are real-world considerations that many parents overlook when planning to move after separation. Addressing these practical matters early can prevent disputes and ensure smoother transitions for everyone, especially your children.
Travel costs and financial sustainability
If you’re moving interstate, who pays for flights or long-distance travel? A move that seems affordable initially can become financially unsustainable when you factor in regular travel for school holidays and special occasions. Return flights, accommodation, ground transport, and other expenses, and the costs quickly add up.
It’s essential to have honest conversations about these costs and how they’ll be shared before moving after separation becomes a reality.
School transitions and academic continuity
Changing schools can be challenging for children, particularly if they’re leaving close friends behind or starting mid-year. Research schools in your new location early and consider how the move might affect your child’s academic progress and social connections. We recommend you obtain a prospectus from your nominated school(s). Perhaps the school might have a particular strength that other schools do not have (such as a strong music or sports curriculum or reputation that assists your case.
Questions to consider:
- Does the new school offer similar programs and support services?
- Will your child need to repeat or skip content due to different curricula?
- How will you help them build new friendships and maintain old ones?
Support networks and childcare
Many separated parents rely on grandparents, other family members, or established childcare arrangements for practical support. Moving away from these networks can increase stress and costs for both parents. Think carefully about what support systems you’ll have in your new location and how the other parent will manage without the support they currently have.
Communication and flexibility
Successful relocation often depends on both parents committing to enhanced communication and flexibility. This might mean more frequent video calls, longer blocks of time during school holidays, or creative solutions like meeting halfway for changeovers.
The value of planning and transparency
Before you tell your children about a potential move, make sure you’ve thoroughly considered these practical elements and discussed them with your co-parent (or through mediation if direct communication is difficult). This approach demonstrates to the Court, if it comes to that, that you’ve genuinely considered the children’s best interests and thought through the realities of relocating kids after divorce.
Feeling overwhelmed by the logistics of relocation? We can help you think through the practical and legal considerations together. Contact us to discuss your situation.
When to seek legal advice about moving after separation
If you’re even considering a move, seek legal advice before making concrete plans or telling your co-parent or children. This early step can make all the difference in achieving a smooth, child-focused outcome when moving after separation.
How early legal advice helps
Early advice from experienced family lawyers can:
- Clarify your legal position and options under Australian family law
- Help you avoid inadvertently breaching existing parenting orders, which can have serious consequences
- Prepare you for mediation with a clear understanding of your rights and responsibilities
- Guide you on what information and documentation you’ll need to support your case
- Provide realistic expectations about timeframes and likely outcomes
For parents facing a relocation request
Similarly, if you’re on the receiving end of a relocation request and you’re uncertain about your rights, don’t wait until your co-parent has made irreversible plans. Early legal advice can help you understand your options for responding, whether that’s negotiating alternative arrangements through mediation or, if necessary, opposing the move in Court.
The importance of early intervention
Early intervention is particularly crucial in cases involving safety concerns. Understanding your legal options before any objections arise enables you to properly document the situation and prepare a strong case that prioritises both safety and the children’s best interests.
At Lander Solicitors Queensland, we’re known for our approachable, strategic guidance through relocation matters. We understand that these cases involve high emotions and urgent timeframes. Our team combines professional expertise with genuine compassion, helping you navigate the legal process while keeping your children’s wellbeing at the centre of every decision.
Whether you’re the parent wanting to move or the parent facing a co-parent’s relocation request, we can help you understand your options, prepare for mediation, and if needed, present a compelling case to the Court.
Relocation and parenting order FAQs
Can I move with my child if there’s no parenting order in place?
Even without a formal parenting order, you can’t simply relocate if the move significantly affects the other parent’s time with the child. Unless otherwise ordered by the Court or agreed upon, both parents have equal parental responsibility under Australian law, which means major decisions (including relocation) should be made jointly. Moving after separation without consent could lead to urgent Court action and may negatively impact how the Court views your case.
What happens if my ex-partner doesn’t agree to the move?
If your co-parent doesn’t agree to the relocation, you’ll need to attend family dispute resolution (mediation) to try to reach an agreement. If mediation is unsuccessful, you can apply to the Family Court for permission to relocate. The Court will then assess whether the move is in your child’s best interests based on the factors outlined earlier in this guide.
How long does the relocation process take?
The timeframe varies significantly depending on whether you can reach agreement through mediation or need to go to Court. Mediation can sometimes resolve matters early on. Court proceedings, however, typically take eight to twelve months or longer, depending on the complexity of the case and Court availability. This is why we encourage parents to start the process as early as possible and make genuine efforts to resolve matters outside of Court.
Do I need a family report for relocation?
Not always. Family reports are ordered at the Court’s discretion, or can be agreed to during medication, usually when there’s significant disagreement about what’s in the child’s best interests. If you resolve the matter through mediation and consent orders, you won’t need a family report. However, if the case proceeds to a contested Court hearing, the judge may order one to help inform their decision.
How do courts decide if a relocation is in the child’s best interests?
Courts consider multiple factors including the distance of the move, each parent’s capacity to maintain involvement, financial and logistical impacts, the child’s education and support networks, the child’s emotional wellbeing, the reasons for relocation, and the quality of the child’s relationship with both parents. Under the 2024 Family Law Act amendments, courts focus directly on safety and the child’s wellbeing when assessing relocation applications.
Get clarity and support for your relocation matter
At Lander Solicitors Queensland, we’ve guided countless families through the complexities of moving after separation. Our integrated approach to family law, mediation, and family reports means we can support you whatever your specific needs are.
If you’re planning a move or facing one, our family lawyers and mediators can help you find clarity, protect your rights, and put your child’s wellbeing first.
Contact Lander Solicitors Queensland today for a confidential consultation. We’ll help you understand your options, prepare for the road ahead, and work towards an outcome that supports your family’s new beginning.
DISCLAIMER – The information provided in this blog is general and does not consider your individual legal needs or objectives. It does not constitute personal advice and is for informational purposes only. We recommend seeking out professional and independent legal advice from qualified Australian lawyer to advise on your individual situation before acting on any information contained below. Lander Solicitors Queensland and Lander Family Reports and Mediations accept no express or implied liability for negligence or contractually for reliance on any information provided. Liability limited by a scheme approved under Professional Standards Legislation.
