Are you planning on moving with your children?
You should get family law advice if you are planning to move with children and the move will limit the ability of the other parent (or other family members) to spend time with the child. In some cases, permission from the other parent will be required via an agreement. HHG Legal Group’s family law team can represent you at mediation or alternative dispute resolution to help reach an agreement for you to relocate.
If the other parent objects to you moving, you may need to make an application to the Family Court. The Court may take a number of factors into consideration, including:
- Whether the move is in the best interests of the child;
- Where you are moving to and what arrangements can be made for the other parent to spend time with the child; and
- Depending on their age, the wishes of the child.
Do you need the Court’s permission to move with your children?
If you move without orders and the other party makes an application to the Family Court, the Court may order you to return the children. This can be very stressful on you and the children, as well as very expensive.
If there are already orders in place that state that you cannot move or relocate the children, then you should seek legal advice as you may find yourself in breach of court orders.
Do you want to take your child and live overseas?
If the other parent objects, it can be very difficult to get permission to take your child and live overseas. However, in certain cases, this can be in the best interests of the child. For those wishing to relocate overseas, it is critical you seek advice from an experience family lawyer prior.
Our experienced and award winning Family Law Team are experienced in international relocation matters and will work with you to obtain a long term and realistic outcome that is in the best interests of your child.