How Far Away Can I Move with My Child?

How Far Can I move with my kids

How Far Away Can I Move with My Child?

26th March 2019

Many emotional and complex issues can arise between partners who have separated and share a child, and there are many children’s issues that need to be considered. One question we are being asked with increasing frequency is, ‘How far away can I move with my child?’. Let’s investigate the laws regarding relocating with your child away from your ex-partner.

So, How Far Away Can I Move With My Child?

It’s understandable that you want the freedom to get on with your life after a separation or divorce. You may have found a new partner who lives in another state, or be pursuing a career opportunity in a different city within Australia or even another country overseas. If, however, this relocation means you will be moving your child away from their other parent, then the situation becomes complicated. There is no set geographical distance dictating exactly how far away you can move with your child, but but if that distance is deemed to significantly affect the other parent’s ability to have a meaningful relationship with the child, then the court will need to establish if the move is in the child’s best interests.

What Are Your Options?

The first step is to talk to the other parent to see if you can reach an agreement on the relocation. You may be able to negotiate longer holiday visits, for example. If the other parent does not agree to you moving away with your child, then you can apply to the court for permission to move. The other parent also has the option to apply for a court order to prevent the child moving away. In both situations, the court will assess what impact the move will have on the welfare of child.

Some Other Things to Consider

A court decision can take months or sometimes years, so you should factor this into your decision to relocate. If you do decide to move away with your child without a court order or the other parent’s agreement, it’s highly likely that you’ll have to return your child at your own expense. If a court order is in place, you will also need to obtain the consent of the other parent to take your child out of Australia even for a short holiday.

Access the Expert Help You Need

If you are considering a move away with your child, contact Pullos Lawyers for help with navigating this complex issue.

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