Considering Relocation? This is what Maitland Family Lawyers wants you to know

Obtaining Consent before Relocating

If a parent is considering relocating to another location with their child, they ought to have the other parent’s consent before relocating. Relocation matters often arise when one parent wants to relocate with a child of the relationship, from their current location to another town or city or be it a state or another country. If the other party withholds consent or disapproves, then often these matters are decided by the Court based on the best interest of the child and a variety of other relevant factors.  

Mediation Process

Before considering Family Court proceedings, it would be best if you and your ex-partner could reach an agreement first. It may be more cost-effective to reach an agreement through Mediation or a Family Dispute Resolution Practitioner, wherein you and your ex-partner may resolve your dispute amicably and still maintain control of the results.

Consent Orders

If Mediation or a Family Dispute Resolution is successful, and if both parties have come to an agreement over their child’s care, then both parties should consider finalising their agreement via a Consent Order or a Parenting Plan. Remember that a Parenting Plan is not legally binding while the Consent Order is.

When Court is Required

In cases where both parties cannot come to an agreement, then you can apply for a Relocation Order in the Court. The Family Court will consider the best interests of the child before the judge decides on a final basis.

Section 60I Certificate

Depending on the circumstances surrounding the proposed relocation, there is a possibility that Mediation and other efforts to resolve your parenting matters may not work. If you and your ex-partner cannot agree on whether your child should move or relocate, and where you have attempted a Family Dispute Resolution first and received a Section 60I Certificate (valid for 12 months) then you can apply to the Court for Relocation Orders, and the Court will consider your Application for your child to move with you. Keep in mind, there is no guarantee that the Application will be successfully heard in your favour.

Traveling Outside Australia

For any trips outside Australia with your child, you ought to have permission or consent of the other parent. Generally speaking, where parenting proceedings are before the Court or where you have Court Orders for shared parental responsibility, then you must have consent from the other parent before traveling with your child.

Passport

Where you require a passport for your child, a regular application for a child’s passport can be made, as long as written consent has been acquired from the other parent, otherwise, you may need to rely on a special circumstance Application with the Department of Foreign Affairs and Trade. If your Application with the Department of Foreign Affairs and Trade is not approved, then you will need to apply to the Family Court for an Order that allows you to travel with your child internationally. The Court will base their decisions on facts and the law as it relates to the best interests of the child.

Recovery Orders

In cases where either you or your ex-partner have relocated or traveled with your child either without consent or where the child’s safety is in question, then it is possible that you may face a recovery order application, to return your child, and face further court proceedings.

Airport Watch List

Where there is a genuine concern that your child may be removed from Australia without your consent, it is vital that you act without delay, to have your child added to the airport watch list, which can prevent your child from lawfully leaving Australia. In most instances, you will need to commence court proceedings to have your child added to the Airport Watch List.

Need Our Help?

For more information about relocating with your children or if you would like to seek professional legal advice, please do not hesitate to contact My Legal Crunch through 1800 572 122 or via email at info@mylegalcrunch.com.