Can I Move With My Child After Separation? Relocation Laws in Australia Explained
One of the most common questions family lawyers and mediators alike hear after separation is:
"Can I move away with my child?"
Whether the proposed move is interstate, to regional Queensland, overseas, or simply several hours away, relocation disputes can quickly become one of the most emotional and complex issues separated parents face.
For one parent, the move may offer employment opportunities, affordable housing, family support or a fresh start. For the other parent, it may significantly reduce the time they spend with their child and change the relationship they have worked hard to build or affect the ability to grow that relationship and bond in the future.
So what happens when one parent wants to relocate and the other says no?
The answer is not always straightforward.
Recent changes to Australia's family law system have altered how parenting decisions are made, including relocation disputes. Understanding how the law now operates is critical for any parent considering a move with their children.
What Is A Relocation Case?
Many parents are surprised to learn that the Family Law Act does not contain a specific section dealing with relocation.
There is no standalone "relocation law".
Instead, relocation disputes are determined as parenting matters under the Family Law Act.
Importantly, the Court cannot usually force an adult to remain living in a particular city or state.
A parent is generally free to move wherever they choose.
However, the Court can decide where the children should live.
That distinction is critical.
The legal question is not:
Can Mum move?
Can Dad move?
The question is:
Should the children move?
And if they do move, will that arrangement be in the children's best interests?
What Changed Under The Family Law Reforms?
On 6 May 2024, significant amendments to the Family Law Act came into effect.
One of the most important changes was the removal of the presumption of equal shared parental responsibility and with it therefore the requirement to consider equal time.
The previous legal framework often led parents to focus heavily on equal time arrangements. The new framework is more direct.
The Court's primary focus is now determining what arrangement is in the child's best interests.
When making parenting decisions, including relocation decisions, the Court now places significant weight on:
the child's safety;
the child's emotional, developmental and psychological needs;
the child's relationships with parents and significant people;
each parent's capacity to meet the child's needs;
practical arrangements for the child's care; and
any family violence, abuse or exposure to conflict.
The result is a more flexible and child-focused assessment.
How Does The Court Decide Relocation Cases?
Every relocation case is different.
There is no checklist that guarantees success or failure.
However, several important themes consistently emerge.
The Child's Relationship With Each Parent
The Court carefully examines the existing relationship between the child and both parents.
If a child has a close and meaningful relationship with both parents, a move that significantly reduces time with one parent may attract greater scrutiny.
The Court recognises that meaningful parental relationships are important to a child's development and wellbeing.
The Reasons For The Proposed Move
Parents seek relocation for many reasons, including:
employment opportunities;
financial stability;
housing affordability;
family support networks;
educational opportunities;
new relationships; and
safety concerns.
The Court does not simply ask whether the parent has a good reason for moving.
Instead, it considers whether the move will improve the child's circumstances and whether the benefits outweigh any negative impact on the child's relationship with the other parent.
Practicality Is Important
A relocation proposal needs to be realistic.
The Court will often consider:
where the child will live;
schooling arrangements;
travel arrangements;
holiday time;
communication between visits;
who will pay travel costs; and
how the child will maintain a meaningful relationship with the other parent.
Detailed proposals are generally viewed more favourably than broad promises.
Comparing Two Different Futures
Many relocation cases involve the Court comparing two possible futures.
For example:
Option One: The child relocates with one parent.
Option Two: The child remains in their current location while the relocating parent moves without them.
The Court must determine which arrangement better promotes the child's welfare, stability and long-term interests.
Unfortunately, relocation cases rarely present perfect solutions.
Recent Family Law Relocation Cases
Recent decisions demonstrate how courts are approaching relocation disputes following the legislative reforms.
Cunningham v Foster [2024]
In this case, the mother sought permission to relocate from regional New South Wales to Queensland with the parties' child.
The Court considered:
the child's strong relationship with the father;
the mother's support network in Queensland;
housing stability;
employment opportunities;
parenting capacity; and
the practical realities of the proposed arrangements.
The Court ultimately permitted the relocation.
The decision highlights the importance of demonstrating how the move will positively impact the child's day-to-day life rather than focusing solely on the moving parent's wishes.
Brittney & Kristof [2025]
This case involved a proposed relocation from Australia to the United States.
The mother argued the move would improve her mental health, increase family support and provide financial benefits.
The Court was not persuaded that video communication and periodic overseas visits would adequately replace regular face-to-face involvement with the father.
The relocation application was refused.
The decision reinforces an important principle: technology can assist relationships, but it does not necessarily replace meaningful in-person parenting.
The Biggest Myth About Relocation Cases
One of the most common misconceptions is that the parent who spends the most time caring for the child automatically receives permission to relocate.
That is simply not true.
Some relocation applications succeed.
Some fail.
The Court does not automatically favour either parent.
Each case depends on its unique circumstances and the evidence presented.
Can Relocation Disputes Be Resolved Without Court?
Yes.
Many relocation disputes can be resolved through mediation and family dispute resolution.
Parents who reach agreement themselves often achieve more flexible and practical outcomes than those imposed by a judge after a final hearing.
Mediation can help parents explore:
alternative parenting arrangements;
school holiday schedules;
travel arrangements;
communication plans;
gradual transitions; and
practical solutions that preserve important relationships.
For many families, mediation provides a faster, more cost-effective and less adversarial pathway than court proceedings.
Of course where there is strong and unwavering opposition to the move against an uncompromisable position that the move will occur, parties might need to rely on expert opinion from a Family Report and/or make an application to the Court.
Practical Tips If You Are Considering Relocation
If you are thinking about moving with your child after separation:
Obtain Legal Advice Early
Relocation disputes can become complicated quickly.
Understanding your legal position before making plans can help avoid costly mistakes.
Develop A Detailed Proposal
The stronger your proposal, the easier it becomes to assess objectively.
Consider:
housing;
schooling;
employment;
support networks;
travel logistics;
costs; and
communication arrangements.
Consider Mediation First
Many relocation disputes can be resolved through family dispute resolution without the need for lengthy court proceedings.
Avoid Unilateral Decisions
Relocating without agreement or court orders can significantly complicate a parenting dispute and may result in urgent court intervention.
Final Thoughts
Relocation cases remain among the most difficult parenting disputes in Australian family law.
A move that benefits one parent may negatively impact a child's relationship with the other parent. Equally, preventing a move may restrict a parent's ability to provide stability, support or financial security.
The Court's role is not to determine which parent deserves to move.
Its role is to determine which arrangement best promotes the child's welfare, stability, development and relationships.
If you are considering relocating with your child, or if you are concerned about a proposed move by the other parent, obtaining early legal advice and exploring mediation options can make a significant difference to the outcome.
FAQ SECTION:
Can I move interstate with my child after separation?
Not necessarily. If the other parent objects to the move, you may need agreement, mediation or court orders before relocating with the child.
Can my ex stop me moving with the children?
A parent cannot usually stop another adult from moving. However, they may seek parenting orders preventing the child from relocating if they believe the move is not in the child's best interests.
Does the primary carer automatically get permission to relocate?
No. Australian courts do not automatically approve relocation simply because a parent is the child's primary carer.
Can I relocate overseas with my child?
Possibly. However, international relocation applications are often subject to very careful scrutiny because of the impact on the child's relationship with the parent remaining in Australia.
Do I have to go to court to relocate?
Not always. Many relocation disputes are successfully resolved through family dispute resolution and mediation without requiring a final court hearing.
