How is a child custody arrangement affected by moving?

Date: Oct 29, 2014

In many child custody arrangements, the courts will create a parenting order that dictates the ongoing conditions for the care and supervision of a child or children.

However, there are incidents that can further complicate the situation for you and your children, following a separation. One of these is the issue of moving, with many conflicts arising because one former partner desires to move, with a subsequent effect on their children and the parenting order.

So how does moving factor into a child custody arrangement?

Before pursuing any legal courses of action, the first step should obviously be to talk over the issues with your former partner. Often disagreements involving one party moving can be resolved amicably by the two partners.

If a parenting order has been made to oversee the relationship of your children with both you and your former partner, the first step is going to be checking the legal requirements of this document. For example, if the move is short and the court order allows for weekend visits, it may be possible to work around these requirements.

If you and your former partner cannot come to an agreement, either between yourselves or by taking into account an existing parenting order, it is possible to apply for a relocation order through the courts. In this situation, the courts will take into account the best interests of the child when making a judgment on whether or not they can move.

Permission from the courts will also be required every time a child leaves Australia, either for a permanent move or for a holiday.

If you move a child without the approval of your former partner, or a judgment from the courts, it is possible for a judge to order that you return with the child while an agreement is negotiated. If there is already an order in place that prohibits moving, then relocating with a child will be breaking this order.

Finally, parties can apply to stop the movement of their children, if it is their former partner who is attempting to relocate. In this situation, the courts can issue an order to prevent a child's passport being issued, as well as preventing the child from leaving the country.

If you would like to know more about relocation and parenting orders, make sure you contact a family lawyer. They will have the expertise to guide you through this process and ensure it runs smoothly.