Relocating with a child after separation or divorce isn’t as simple as packing up and starting fresh. It’s a legal decision with lasting consequences for everyone involved.

So, what are the legal steps to relocate with a child in Australia? The Family Law Act makes one thing clear: every decision must prioritise the best interests of the child. Whether you plan to move interstate or overseas, you’ll generally need the other parent’s consent, and if they disagree, you may need to seek court approval.

Knowing the legal process early can help you make informed choices and avoid unnecessary disputes. Read on to learn what the law says about relocation, how to apply for consent or court orders and how to protect your parental rights throughout the process.

A Quick Overview: Legal Steps to Relocate with a Child

Relocating with a child after separation involves several legal steps to ensure the move complies with Australian family law and prioritises the child’s best interests.

• Step 1: Seek Consent: Get written approval from the other parent detailing the new address, move date and impact on the child.
• Step 2: Try Family Dispute Resolution (FDR): If you can’t agree, mediation through an accredited FDR practitioner is required before court action.
• Step 3: Apply to the Court: When no agreement is reached, apply to the FCFCOA, which bases its decisions on the child’s welfare and family needs.
• Step 4: Submit a Relocation Plan: Provide a clear plan showing schooling, healthcare and how contact with the other parent will continue. 

Understanding Parental Responsibility in Relocation Cases

In Australian family law, both parents typically share equal parental responsibility. This means that major decisions affecting the child’s life, including relocation, must be made jointly.

Relocating with a child without the consent of the other parent or court approval can be considered a breach of parenting orders or may amount to child abduction under the Hague Convention if moving internationally. Therefore, clear communication and legal compliance are essential.

Step 1: Seek the Other Parent’s Consent

The first step is to obtain written consent from the other parent. This agreement should specify:

• The new residential address
• The intended date of relocation
• How the new arrangement will impact the child’s schooling, routine and relationship with the other parent

If both parents agree, the arrangement can be formalised through a parenting plan or a consent order.

Step 2: Attempt Family Dispute Resolution (FDR)

If the other parent does not agree to the move, you are required to attend Family Dispute Resolution before applying to the court. This process involves mediation facilitated by an accredited FDR practitioner. If the dispute is unresolved, you’ll receive a Section 60I certificate, which is necessary to proceed to court.

Step 3: Apply to the Family Court

When agreement cannot be reached, the relocating parent must apply to the Federal Circuit and Family Court of Australia (FCFCOA) for parenting orders that permit relocation.

The court will consider several factors, including:

• The best interests of the child (primary consideration)
• The reasons for the relocation (employment, family support, safety, etc.)
• The ability to maintain a meaningful relationship with the other parent post-move
• Travel logistics, schooling and cultural impacts

Step 4: Present a Detailed Relocation Proposal

To strengthen your case in court, you must present a comprehensive proposal that addresses:

• Why the relocation is in the child’s best interests
• A clear plan for ongoing contact between the child and the other parent (e.g., phone calls, video chats, school holiday visits)
• Education and healthcare arrangements in the new location

Courts are less likely to approve vague or poorly planned relocations.

What to Do If You Don’t Consent to the Move

If you are the non-relocating parent and believe the move is not in the child’s best interests, you can apply for an injunction to prevent the relocation.

You may also:

• Seek a variation of parenting orders
• Present evidence showing the negative impact of the move on the child’s relationship with you

Legal advice is essential to ensure your rights and the child’s welfare are protected.

What Happens If You Relocate Without Consent or Orders?

Relocating a child without appropriate legal steps can lead to serious consequences, including:

• A recovery order requiring the return of the child
• Contempt of court
• Loss of custody or parental responsibility

Courts take breaches of parenting arrangements seriously. Always seek legal guidance before making any move.

Relocation and International Travel

If the move involves international relocation, additional complexities arise:

• Passport and visa requirements
• Hague Convention obligations
• Risk assessments for child abduction

You must seek independent legal advice to ensure compliance with international family law obligations.

Final Thoughts: Plan Carefully, Act Legally

Relocating with a child is not just a logistical challenge. It’s a legal one. Failing to follow the proper steps can harm both the child and your parental rights. Whether you’re planning a move or responding to one, expert legal advice is vital.

Speak With Our Family Law Team Today

Need help understanding your rights or planning a lawful relocation? Call us on 02 9600 7277 or visit our Contact Us page for tailored legal advice. We assist parents across Australia with practical, compassionate guidance in complex family law matters.