Family Law & Divorce

Relocation

In plain English

When a parent wants to move with their child to a new area that would make it harder for the other parent to spend time with them.

What it means

Relocation in family law refers to a parent moving (or wanting to move) with a child to a place that significantly affects the other parent's ability to spend time with the child, whether interstate, overseas, or a long distance within a state. Under the Family Law Act 1975 (Cth), a parent generally cannot relocate against the other parent's wishes or contrary to parenting orders without agreement or court approval. The court decides relocation cases by reference to the best interests of the child, weighing the benefits of the move against the impact on the child's relationship with the other parent.

How it's used

The mother applied to the court for permission to relocate with the children to another state for a new job.

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