Regardless of whether it’s you that is looking to relocate with your children or your former partner, you need to be aware of some important considerations. In my experience, the issue of relocating with children typically arises when someone needs to relocate to receive family support, is unable to find employment in their area or when they have re-partnered. Any relocation is a decision that both parents, who share parental responsibility, should consult each other about.
The case law and the Family Law Act 1975 provides that the relocation of children is fundamentally about the rights of the children involved. It is not about parental rights as so many people hope or assume. More on this later.
Depending on how far along you are in your separation journey, you may already have a parenting arrangement in place. There are typically three categories of parenting arrangements:
1. ‘The Sensible Handshake’ where both parties agree to parenting
arrangements and there is no formal documentation;
2. A Parenting Plan – a document that that often comes out of
counselling or therapy. It is a document that is evidence of what
the parents agreed, but is non-enforceable.
3. Court Orders – consent orders or orders that a Court imposes
on the parties. This is for those who are unable to reach
agreement and require the enforce-ability of Court ordered
arrangements.
A court will look at the relocation of children from the perspective of ‘how does this relocation impact the rights of the child or children, to have a meaningful relationship with both parents?’
The younger the children are, the less likely permission to relocate is will be given, unless...
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