If you do not live with the other parent of your child (or children) you have a responsibility to the other parent to consult with them if you wish to relocate the child to another town, state or country.
The first outcome is that the other parent is agreeable to the decision. If this is the case it’s important that they maintain a significant role in their child’s life; which may include staying with the other parent for longer periods during the school holidays. The best way to ensure this is adhered to is to get the agreement documents by way of a Consent Order.
The second outcome is that the other parent does not agree to the decision. In this case, you must obtain a Court Order to allow the move. While the Court cannot prevent you from moving, it can prevent you from taking the child with you.
In determining a relocation application the Judge will consider various matter, including:
- How far away is the proposed relocation?
- The reason for relocation.
- The current relationship the child has with each parent and extended family members
- The likely effect of any changes in the child’s circumstances
- The amount of time the child will be able to spend with the other parent
- The financial circumstances of each parent and their ability to afford extensive travel
- The sort of burden any type of travel will have on the child
- The relationship of the child with siblings, or a parent’s new children etc
- The parent’s capacity, ability and willingness to facilitate the ongoing relationship between the child and the other parent
- The best interest of the child
- Any other possible arrangements.
If you relocate the child without the other parent’s permission, they can make an application for a recovery order to have the child returned.