Relocation of Children

Moving with children after separation.

Relocating with children after separation or divorce—whether interstate or overseas—is a complex area of family law in Australia. At KLM Solicitors, we provide clear, practical advice and strong legal representation to help you navigate relocation matters while protecting the best interests of your child.

What Is Child Relocation?

Relocation refers to one parent’s wish to move a child to a new location—often for work, family support, or a fresh start—which would significantly impact the other parent’s ability to spend time with the child.

This can involve:

Moving to another city or state within Australia

Relocating overseas

Changing a child’s residence a considerable distance from the other parent

Whether you're seeking to relocate with your child or objecting to a proposed move, early legal advice is essential.

Do I Need the Other Parent’s Consent?

Yes. Under the Family Law Act 1975, a parent cannot unilaterally relocate a child if the move would affect the child’s relationship with the other parent. You must:

Obtain the other parent’s written consent, or

Seek permission from the Court

Moving a child without proper consent can result in serious legal consequences, including court orders for the child to be returned.

How Does the Court Decide?

If relocation is disputed, the Court will determine the matter based on what is in the best interests of the child. Factors considered include:

The child’s relationship with each parent

The reasons for the proposed relocation

The impact on the child’s emotional wellbeing

The practicality of maintaining contact with the other parent

The views of the child (depending on age and maturity)

The Court does not have a specific test for relocation, but will assess each case individually, focusing on how the move would affect the child, not just the parents.