There are lots of reasons why you might want to move interstate (or even within the same State) or overseas when your relationship breaks down. This might be to secure some family support or to pursue a new relationship or to take up a job opportunity. The reasons are endless.
While you are free to move, you are not allowed to relocate your child interstate (or even within the same State) or overseas, without the consent of the other parent of your child or a Court Order. If you move interstate, or even significantly further away within the State in which you are living, the other parent of your child may be successful in getting a recovery order which is an order from the Court which provides for the child’s return to where they had been living.
The laws are more complicated if you wrongfully remove a child from Australia. If you are thinking about doing this, we urge you to take legal advice before you do. Please do not hesitate to contact us if we can be of any assistance.
When a court considers an application for someone to relocate, the paramount consideration for the Court will still be “what is in the child’s best interests”. These sorts of cases are renowned for being difficult to win, largely because distance will have a massive impact on a child’s ability to have a relationship with the left behind parent.
However, as in most family law cases, each case turns on its particular facts.