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.