It is not unusual for one party to wish to relocate at some stage following a separation.
If both parents are able to agree, the best course of action is to apply to the Court for an Order before you move. If you do relocate without a Court Order or the consent of the other parent, you may be ordered to return.
For an Order to be granted, the relocating parent must demonstrate to the Court that the move would be in the best interest of the child.
If you are planning to relocate, it is critical to seek advice as early as possible. It is particularly important to do this before you pay a bond or deposit on a property, enroll your child in a school, or take any other actions which may bind you to the move.
In all cases, permission from both parents is required before a child can be taken overseas. An Australian passport can only be issued for a child with the written consent of both parents.
If you are planning an overseas trip with your child, it is important to seek advice as far in advance as possible.
Preventing a child from being taken overseas
If you are concerned that your child may be taken out of Australia without your consent, and the other parent holds the child’s passport, contact us immediately. You may need to lodge a Child Alert Request and have the child’s name placed on the Airport Watch list.