Children & Parenting
7. Relocation
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 30 Jun 2015
- Different issues can arise if one or both parents wish to move within Australia or overseas.
- If you want to relocate but your ex-partner will not let you your first step is to talk to them about it and try to reach an agreement.
- As with any case you must try to resolve your disagreement through Family Dispute Resolution before your application can be filed with the court.
- If mediation does not work then you can apply to the court and ask for permission to relocate the children.
- If you become aware that one parent is trying to relocate and you do not think this is in the children’s best interests then you can apply to the court for an order to stop the parent leaving with the children. The court orders can:
- stop the parent from leaving Australia with the children;
- stop the issue of a passport for the children; or
- require the parent to deliver the children’s passport to the court.
- In urgent circumstances you do not need to go to mediation first and can apply for your case to be listed as soon as possible.
- Before the court makes any of these orders then the both parents will be given an opportunity to be heard on this issue. Your case will then continue and the court will make a decision about whether or not the parent can relocate the children at the final hearing.
- If one parent relocates within Australia without the permission of the other parent then an urgent application can be made to the court for the children to be returned. This is called a recovery order.
- If the court makes a recovery order the Federal Police will locate your children and return them.
- You can also apply for a recovery order if your ex-partner takes the children out of the country without your permission.
- Australia is a party to a special international Convention called the Hague Convention. This means that Australia has special arrangements with all the countries that are also a party to this Convention. These special arrangements mean that the authorities in these other countries will enforce a recovery order made by the Australian court. This means the authorities will help to return the children to Australia.
- The situation is more difficult if children are taken to a country that is not a party to the Hague Convention. Your lawyer is the best person to provide advice about what can happen in these cases.
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