Relocation with children
If you want to move with your children, or your former partner does, the decision can have a lasting effect on family relationships. We give you clear advice before any move is made.
Start with a free 20-minute discovery call. Meetings across Australia, in person or online.
Relocation cases are among the most difficult in family law, because there is often no middle ground between two homes in two places.
A move may be for work, family support, a new relationship or a fresh start. Each reason matters, but the focus is always on what is best for the children.
We advise parents who want to relocate and parents who want to prevent a move, and help both find practical solutions where possible.
Keeping relationships strong across distance
When a move happens, children need to stay connected to both parents. Thoughtful travel arrangements, video calls and holiday plans make a real difference.
Where it would help, we coordinate support through Florens Psychology & Wellbeing to help children adjust to the change.
Co-parenting supportHow we can assist
Whether you want to move or want your children to stay, we help you understand your position and act early.
Opposing a relocation
Advice where the other parent proposes to move with the children.
Relocation proposals
Preparing a proposal that addresses travel, communication and costs.
Urgent applications
Where a child has been moved without agreement.
Varying existing orders
Changing arrangements when a move becomes necessary.
If a child has been taken without agreement, act quickly. Urgent orders may be available to return the child.
How relocation decisions are made
Relocation is decided on the children’s best interests, with practical proposals at the centre.
Call 1300 739 954Get advice before moving
Moving first and seeking agreement later can count against you.
Develop a proposal
A clear plan for schooling, travel, communication and how the children will spend time with the other parent.
Try to agree
Discuss the proposal directly, through lawyers or in mediation.
Formalise any agreement
Record the arrangement as a parenting plan or consent orders.
Apply to the Court if needed
If agreement is not possible, the Court can decide.
The Court decides
The Court considers the children’s best interests, including their relationships with both parents and the practicality of the proposal.
“The Team at Franklin Family law are amazing, empathetic and professional. They truly had my best interests at heart and looked after me with care and professionalism.”
Thinking about moving with your children?
Get advice before you make plans.
What the Court considers
There is no special rule for relocation. The Court applies the best interests factors to the proposal in front of it.
The child’s relationships
The effect of the move on the children’s relationship with each parent and others important to them.
The reasons
Why the move is proposed and the benefits for the children.
Practicality
Whether the proposal for travel and communication is realistic and affordable.
Who you’ll work with
Laura Dowling
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Dr Suvarna Variyar
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Rachael Aydami
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Dan Farkhutdinov
View profileSeparation can take a real toll on you and your children. Our family wellbeing practitioner, Karly O’Shea, can support you and your parenting alongside your matter, starting with an optional, complimentary wellbeing assessment. Family wellbeing support
Common questions about relocation
Can I move with the children without the other parent’s agreement?
If the move would make it harder for the children to spend time with their other parent, you should have their agreement or a court order. Moving first can count against you.
What if there are no court orders?
Without orders, there is no automatic prohibition, but the other parent can apply for orders to return the children. Get advice before moving.
How does the Court decide?
The Court considers the children’s best interests, including their relationships with each parent, the reasons for the move and the practicality of the proposal.
What should a relocation proposal include?
Schooling, travel arrangements and costs, communication with the other parent, and holiday time.
What if my former partner has already moved with the children?
Act quickly. Urgent orders may be available to return the children while the matter is decided.
Can I move overseas with the children?
Overseas relocation requires agreement or a court order, and involves additional considerations such as international enforcement.
What does it cost?
Your first step is a free 20-minute discovery call, where we listen, explain your options and outline what working with us could look like. If you go ahead, we explain costs clearly at the outset.
This is general information, not legal advice for your situation.
Get advice before you move.
Whether you are planning a move or concerned about one, we invite you to start with a confidential conversation about your options.
