Relocating Children
It is common for a parent to express a desire to relocate to another state or country (for work or social reasons, for example), but what does the law say about this?
- A parent cannot usually be prevented from moving to another location, but if the parent wishes to take a child along with them the situation can be complicated.
- If it is possible to do so (i.e. there's no domestic violence or safety concerns) the parenting who wants to relocate the child/ren should speak to the other parent about this and obtain his or her consent - in writing if possible. This type of good, strong & clear communication can prevent future misunderstandings and is healthy for all parties concerned.
- If the parents cannot come to agreement about whether or not the child/ren can be relocated, the court can intervene and will consider the best interests of the child/ren.
- In addition to considering the best interests of the child/ren, the court may consider:
- A person wishing to relocate with the children is not required to demonstrate compelling reasons for the relocation;
- The court must evaluate each of the proposals advanced by the parties;
- The court’s evaluation of the proposals must consider the evidence and the parties’ submissions as to how each proposal would hold advantages and disadvantages for the children;
- The rights of the parents to move on with their lives;
- The rights of the parents to form new relationships;
- The rights of the parents to freedom of movement;
- Travel costs;
- The need for the continuation of the family's relationships;
- The distance of the proposed relocation - particularly if it would make shared parenting difficult;
- A court cannot determine the issues in a way which separates the issue of relocation from considerations of the best interests of the children.
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- The parent seeking to relocate with the children or a parent who wishes to prevent the other parent from relocating should seek legal advice at an early stage.