Quick Exit

Can I move interstate/overseas with my children?

Relocating with the child to another location means it is often impracticable, for the child to spend equal time with both parents. You should obtain a Court Order prior to relocating, if not the Court may require you to return to your original location until final Orders can be made either by consent, or as a result of a trial.

If equal time with both parents is not practical the Court must consider whether an order that the child spend “substantial and significant” time with one parent is in the child’s best interests and reasonably practicable.

Substantial and significant is no longer just every other weekend, it will often involve time during the school week and weekends. If this is not reasonably practicable, due to distance between parents location or working rosters, the Court must consider making an order to determine the time the child is to spend with the parent who is not the primary caregiver.

If you wish the court to make parenting orders all parties, except in certain specific circumstances; are required to attend and obtain a certificate from a family dispute resolution practitioner.

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