• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Phone: 3465 9332

Logo
  • Home
  • Our Team
    • Courtney Barton – Legal Practice Director
    • George Finn – Manager
    • Chris Colwill – Partner
    • Elizabeth McAulay – Partner & Team Leader
    • Linda Cannings – Special Counsel
    • Samantha Curry – Senior Associate & Team Leader
    • Shinai Fisher – Associate
    • Rachel Elaurant – Associate & Support Team Leader
    • Shania Fernandes – Solicitor
    • Eliza Harley – Law Graduate
    • Camille Bosker – Law Graduate
    • Cailey Brazel – Paralegal
    • Monica Jamil – Paralegal
    • Maisie Waite – Paralegal
    • Kiera Edge – Legal Assistant
    • Zachary Kelly – Legal Assistant
    • Chanae Peaker – Legal Assistant
    • Carys Lee – Legal Assistant
    • Christina Francis – Accounts Officer
  • Family Law Services
    • Divorce Property Settlement Lawyer Brisbane
    • Spousal Maintenance Lawyers
    • Superannuation Splitting Family Law Experts
    • Child Custody Lawyer Brisbane
    • Child Support Lawyer
    • Relocation Lawyer
    • Parental Kidnapping Lawyer
    • Consent Order Family Law
    • Binding Financial Agreement Lawyer
    • Fixed Fee Divorce Lawyers
    • Domestic Violence Lawyer – DVO Domestic Violence Order
    • Family Court Process
    • Family Mediation
  • Our Story
  • Fixed Fees
  • Common Questions
  • Family Law Videos
  • Family Mediation
  • Success Stories
  • Narcissistic Abuse
  • Contact Us

Relocation Lawyer

Trust a Leading Relocation Lawyer with Barton Family Lawyers

A parent moving their child or children to another town, state, or country is known as relocation of children. If following a separation you are considering relocating with your child or children, it is recommended you first speak to the other parent to obtain their consent. If you and your former partner are unable to reach an agreement through mediation, you will be required to file an application to the court to seek consent in order to be able to relocate. A relocation lawyer at Barton Family Lawyers is your best approach at navigating such a situation.

Our team of trusted Brisbane family lawyers are here to make life as easy as possible when it comes to relocation cases. Give us a call on 3465 9332 to discuss how we can help, or reach out online for a consultation.

 

Interim Relocation Cases Family Law

If relocating is going to have a significant impact on the time your child or children spend with the other parent, and greatly depending on the circumstances of the case at hand, the court may not permit you to move with the child/children. If you do move without the consent of the other parent, the court may require you to return with the child/children until the case has been determined by a court at a Hearing.

If interim relocation is something you are considering, discuss this with our relocation lawyer to ensure you’re taking the correct steps, before taking action. When it comes to relocating yourself, your freedom of movement entitles you to pack up and go wherever you please. However, there is no automatic right for you to relocate with your children, if doing so impacts time spent with the other parent.

Check out our article Prevention is better than cure: Interim relocation cases, for real case examples of where a parent has unilaterally relocated with the children and the court has had to determine whether or not, on an interim basis, to order the children to return to the location they were previously living in. 

Relocation Cases Family Law – The Courts Determination

A case that determines the relocation of a child or children is just like any parenting case in that the court will consider the best interests of the child/children. The court will have regard to the facts of each case and relevant factors under section 60CC of the Family Law Act.

The best interest of the child or children is the paramount consideration of the court when determining the order it is to make. The court is required to consider:

  • What arrangements promote the safety of the child and the parents; 
  • Any views expressed by the child; 
  • The developmental, psychological, emotional and cultural needs of the child; 
  • The capacity of the parents to meet the needs of the child;
  • The benefit of the child having a relationship with the child’s parents and others significant to the child, where it is safe to do so; 
  • Anything else that is relevant to the particular circumstances of the child. 

In considering the above matters, the court must include consideration of any history of family violence, abuse or neglect involving the child or a person caring for the child and any family violence order that is in place. 

 

Criteria for Successful Relocation Cases Family Law

There is no specific set of circumstances that must exist for a relocation case to be successful. In the leading case of Morgan v Miles, the Full Court of the Family Court stated the child’s best interests must be weighed and balanced with the ‘right’ of the proposed relocating parent’s freedom of movement. The court reminds us on a regular basis that a parent who wishes to move does not need to provide a compelling reason to be able to do so.

Something to consider is that there is not a single relocation case on record where there wasn’t a good reason put forward for the move. Common reasons put forward in support of a parent wanting to relocate with the children include:

  • Financial benefits;
  • Occupational benefits;
  • Academic benefits;
  • Family support;
  • Spousal employment;
  • Spousal location;
  • Homesick (want to return home as unable to settle in new location);
  • Cultural;
  • Religious;
  • Mental health.

Legitimate Interests

The court will consider the types of legitimate interests and desires of the parties in conjunction with the factors relevant to what is in the best interests of the children, when determining a relocation case. There has been a trend in recent years in the family law sphere, whereby applicants were led to believe that in order to guarantee the success of an application to relocate they must show that there has been/will be a severe impact on the primary carer’s mental health. This is untrue.

Although mental health difficulties impacting on the primary carer are a highly relevant consideration of the court, it is certainly not a requirement for a successful relocation case nor is it a guideline. The legitimate interests and desires of the parties which may result in a successful application for relocation are much more relaxed. The ‘happiness of the primary carer’ appears to be the most commonly successful storyline provided the relocation proposal is not contrary to the best interests of the children.

 

If You Are Seeking to Relocate With Your Child/Children

If you are seeking to relocate to another town, state, or country with your child/children, or if your ex-partner is trying to do so, it is important that you seek legal advice from a relocation lawyer as early as possible. In relocation cases, it is particularly important that your lawyer is able to take a step back in the preparation process to plan a strategy and method of telling your story to the court, to maximise the prospects of success of your application (whether that be to relocate with the children or restrain the other party from doing so).

 

Work with Barton Family Lawyers on Your Case

If you are looking to relocate, or you’re wanting to prevent the other parent from relocating with your children, speak to a relocation lawyer now. Give us a call on 3465 9332 or email our team directly on [email protected] for some more information on how our family court services can help.

Child walking with parent | Featured image for the Relocation Lawyer Page of Barton Family Lawyers.

I cannot recommend this law firm enough, especially Shania, who has been nothing short of exceptional. Right from the start, she was a total professional and a fierce advocate. Shania knew exactly what I wanted, stayed focused, and went straight for it without hesitation. Her presentation of my case was flawless; her delivery was so sharp it left everyone speechless. She’s been on point every step of the way, and so far, she has secured everything I hoped for, heading into the final hearing with a strong foundation.

I chose this firm because of their deep expertise in handling narcissistic abuse cases, and Shania has demonstrated an exceptional understanding of the complexities involved. This is a lawyer that truly knows what she’s doing, and she’s incredibly dedicated to delivering results. Don’t waste time looking elsewhere—go straight to this firm. Shania knows what you’re going through, understands what you need, and will go above and beyond to get it for you.

Jai

Forever grateful to Chris and Rachel and the whole team at Barton Family law for keeping my child and myself safe. They went above and beyond and there were no hidden costs or surprises to stress about such as paying per email or phone call throughout the ordeal. They were upfront and honest and made sure I was well represented. Thank you all so much for everything.

Nat

Barton Family Lawyers are an exceptional group of people.

Before my initial consultation, I was confused and felt trapped. I expected to lose what little I had left. Engaging the support of Barton Family Lawyers was a turning point and the single best decision I have made in my life so far.

Chris, Rachel and Chloe were unwavering in their support. No question went unanswered. The expectations and options available were always clear, fair and realistic. Thanks to the teamwork that went on in the background, I was able to start focusing on rebuilding my life before the matter had come close to finalising.

Words do not do justice the level of passion, professionalism, integrity and genuine care that is on display in everything that Barton Family Lawyers does.

Thank you Chris, Rachel, Chloe and the rest of the Barton team. The future of Barton Family Lawyers and its people is bright. No doubt the same can be said of anyone else who seeks their support.

I owe my future in large part to you and will be a lifelong advocate.

Timothy

Barton Family Lawyers were fantastic – especially Ellie. Ellie was so professional, thoughtful & proactive with her dealings with me. She was always keeping me updated & was so genuine in looking after me & my best interests. In the most stressful & difficult time in my life Ellie always went above & beyond to ensure this was one area I didn’t need to worry about. I absolutely recommend Ellie & Barton Family Lawyers! 😊

Debbie

Ellie and Alice make a wonderful team. Ellie is incredibly knowledgeable, thorough, precise and approachable. She ensures you have a full understanding of processes and timelines by providing detailed information and maintaining regular contact. I felt supported throughout the entire process. Alice was an integral part of the entire process and really made me feel I always had a point of contact, was calm and considerate no matter the query and really spent quality time assisting when needed. I highly recommended Barton Family Lawyers and this team in particular.

Kelly

Had the most incredible experience with Barton Family Law. Shinai and the entire team were always so helpful and made me feel like I had someone in my corner fighting for me. They helped navigate me through big life challenges and I always felt supported. The fixed fee agreements took so much of the stress away knowing you’re not paying by the hour – and you get a breakdown of what they’re going to do. Couldn’t recommend enough! I will use them again in a heartbeat if I need to!

Keely

Barton Family Lawyers were recommended to me by another law firm as they didn’t deal with family law matters. All of the staff at Barton were very professional and constantly kept me informed every step of the way and they achieved a very good outcome for me without costing a fortune. I would have no hesitation in recommending them to others and already have. You can be confident Barton Family Law will ensure your best interests are their priority.

Frank

Barton Family law handled my separation property settlement, professional and courteous, prompt responses and exceptional advice.
Cailey and Samantha were outstanding and extremely helpful with the whole process.
Highly recommend Barton Family Law for any family law matters

Trent

Thank you Shinai and the team at BFL. They were professional, knowlegable and patient with all my queries and concerns throughout the process, and always communicated in a timely manner. The fixed fee arrangement was great, as I was aware of all costs up front, removing further stress in the process. I am so thankful for the wonderful team that guided me with patience and compassion throughout this journey, and achieved the outcome I had hoped for.

Marta

Shinai and her team were great to deal with during a difficult seperation.

Professional and understanding from start to finish.

I have no hesitation in recommending Barton Family Lawyers

Martin

Courtney and her team at Barton were fantastic. They are highly knowledgeable, experienced and efficient, but are also sensitive and compassionate regarding the difficult circumstances surrounding family law matters. Their communication is great and with their fixed fee agreements, you feel confident to ask questions to ensure you have all the information you need to navigate the court system. Thank you Barton Lawyers!
1

Nikki

I researched who I hoped to be the best to represent me when I finally made the decision to go down the road I did. I chose Barton Family Lawyers because of the information on the website and I was not disappointed. I really did not know what I was about to come up against and I could not have asked for or expected to have such an amazing and wonderful team in my corner.
I appreciate all the hard work that was done. They went above and beyond to help me get through the gruelling processes.
Everyone who I came in contact with along the way in the office was always so warm and friendly and nothing was too much trouble.
A special mention of Courtney, Shinai and George. I honestly can not thank them enough and can not express how grateful I am for their time and patience with me. I don’t know how they do what they do. I can only imagine that it must be rewarding when they achieve a good outcome.

Cath

Undertaking a drawn out and complicated property settlement, Courtney’s approach was down to earth and practical. Courtney started with the initial consultation, going through each scenario allowing me to make decisions best suited to my circumstances. This was particularly relevant when dealing with the other party in the dispute – who was reticent in consulting on a resolution. Courtney offered a number of different choices and options of retaining expert opinions, allowing me to work with people that were a right fit for me.

Courtney and her team worked above and beyond core business hours to ensure all detailed analysis of documentation, at times within a short turnaround (usually on a Friday at 6pm). This was the real stand out to me, a firm that wasn’t just looking at billable hours but genuinely committed to ensuring care and attention were given when necessary.
As a client, Courtney worked on my behalf and also with me to achieve an outcome that was just and equitable. Giving understanding during periods of frustration and encouragement to just follow the process. I can genuinely say Barton Family Law is a practice that cares about getting the best outcome for their clients no matter how simple or complicated the matter is. I would highly recommend Barton Family Law, Courtney and her team.

Felicity

I had the pleasure of having Shinai and Courtney represent me in a family matter. Both were delicate and considerate of my situation and achieved the best outcome for property settlement and separation in my divorce. Very grateful for the work they both did.

Katrina

Knowledgeable, experienced and very professional, always putting my needs first. I would not have made it to the end of my very lengthy settlement had it not been for Courtney and Shinai’s support.

Libby

Excellent Family Law Practice. Always quick to answer emails and return phone calls. The team is dedicated to the practice and to the clients. The best results are achieved because they all collaborate on every case. So very pleased with my outcome.

Jen

I engaged Courtney and Shinai for a property settlement after being unimpressed with the support and energy given by a previous lawyer. Courtney worked on my settlement whereby I felt my best outcome was being fought for. Shinai was knowledgeable and patient with all my enquiries during a difficult time . Many thanks. Highly recommended.

Scott

Courtney and the team were very professional, prompt and upfront in handling the parent order as well as filing my divorce. The team patiently answered all my questions, talked me through the whole process and were very quick in getting the matter settled – which is ideal during a stressful and upsetting period. I highly recommend their services.

Marcela

I can’t speak highly enough about my experience with Elizabeth. She worked hard and diligently to make sure I had the best possible outcome for my situation.
I had an all round positive experience with everyone from Barton family lawyers, but Elizabeth was exceptional. Thank you so much for everything.

Dominique

Courney is the only person I would call if I ever had any legal issues. Her help, knowledge and experience had helped tremendously through the rough times during my children and property court battle. I highly recommend Barton Family Lawyers!

Sinisa

Found Courtney and George not only to be very professional but also very caring and courteous and I would strongly recommend using their services to family and friends if ever needed.

Michelle

Courtney is a master at her profession.She promised me she would get my power back ,and she delivered.She is a balance of great empathy and fights for you all the way ,the outcome was exactly what i needed.I highly recommend her and her amazing team,to get you the outcome you want.

Kym

I had Cortney help me with my family court matter. I couldnt have asked for a better team. From the start the care and understanding from the whole team at Barton was outstanding. I will be forever grateful for the outcome. If you are after a awesome family lawyer look no further. The photo never would have been possible without Courtney and her team. Thank you

Danny

Thank you to Courtney and the Barton team for guiding me through a difficult and confusing separation process. Barton Family Lawyers kept me updated, acted immediately on my questions and instructions and most importantly put my best interests forward at all times.

There really is no way to put a price on the stress relief Barton’s exceptional service, understanding and drive for results brings.

Highly recommended if you want the work done right, first time.

Chris

Courtney and her team have gone above and beyond for myself and children. I’m so appreciative of them fighting for what was fair for myself and children.
Courtney knows how to deal with narcissistic behaviour and she had given me support and guidance through this traumatic experience.
Courtney is open with you and honest. Every email she sends or receives comes back to you and she will let you know what is important or not. They helped me through the process with detailed billing.
I could not have found anyone better to deal with my difficult separation than Barton family firm.
Everyone in the team I can’t say how grateful I am to everyone who work on my case. Thank you is not big enough. But I am thankful.

Amanda

Primary Sidebar

Online Enquiry

    Footer

    Areas of Practice

    • Child Custody Lawyer Brisbane
    • Divorce Property Settlement Lawyer Brisbane
    • Fixed Fee Divorce Lawyers
    • Domestic Violence Lawyer – DVO Domestic Violence Order
    • Superannuation Splitting Family Law Experts
    • Fixed Fee Consent Order Lawyers
    • Family Mediation Representation
    • Parental Kidnapping Lawyer
    • Child Relocation Family Lawyers
    • Child Support Lawyer
    • Spousal Maintenance Lawyers
    • Family Court Process
    • Family Mediation
    • Binding Financial Agreement Lawyer

    What makes us different from other Law Firms?

    Our Brisbane Divorce & Family Lawyers:

    Only do family law all day every day. That makes us really good at what we do.

    Are dedicated to helping you work through your family law issues so you can have a fresh start.

    Have your best interests at heart.

    Have the knowledge and experience to solve your family law problems, no matter how complex.

    Will help you to reduce the conflict with your former partner.

    Will fight for you and your children.

    Provide exceptional quality service to you, tailored to your individual case needs.

    Will educate you about your options, the steps you need to take and we will develop a strategy to help you to achieve a fair outcome and the best practical outcome for you and your family.

    Will provide you with practical, realistic, commercial and strategic advice to empower you to make smart decisions following separation that will save you time, money and stress.

    Will deliver an outcome to you quickly and cost effectively, with fixed fees for certainty.

    Will do everything within our legal power to get you the best outcome for you and your family.

    Are with you, supporting you, every step of the way from negotiations, to mediation, to litigation and settlement.

    Individual liability limited by a scheme approved under professional standards legislation.

    Contact Us

    Petrie Office

    Address: 4/996 Anzac Avenue, Petrie QLD 4502

    Parking: Underground parking available at the back of the building via O’Loan Street

    Phone: 3465 9332

    Email: [email protected]

    Website: Petrie Family Lawyers

    Chermside Office

    Address: 818 Gympie Road, Chermside QLD 4032

    Parking: Across the road at Chermside Shopping Centre

    Phone: 3465 9332

    Email: [email protected]

    Website: Chermside Family Lawyers

    Barton Family Lawyers Logo

    Copyright | Disclaimer | Terms of Use | Privacy

    Call Us
    Book a Consultation
    Copyright © 2025 | Website hosted by Lift Legal Marketing