RELOCATION BY A PARENT WITH CHILD
When families break apart and children are involved, things might reach a point where one parent wants to relocate to another part of Australia or another country despite of an active parenting arrangements. This becomes possible especially when the parent decides to move on in their life.
How do both parties deal with a situation like this when it arises? And what can you do if you are the parent who is not planning on relocating? What options do you have available to you so you are still able to see your children?
CONSENT IS FIRST REQUIRED
The parent cannot relocate to another part of the state, country or overseas without first getting consent from the other parent, or making an application to the Courts to grant the parent rights to relocate with the child / children.
If an ex partner relocates without your consent, an order may be made by the Court to return the child / children to you.
CAN AN AGREEMENT BE REACHED?
Maybe the parent has valid reasons for relocating for example employment. However, if the parent does have a valid reason for wanting to relocate, then a new parenting arrangement should be raised in your next consultation with Caldwell Family Lawyers.
The new parenting plan may include that the non-relocating parent retains the child / children, or that if the child / children do relocate with the parent. Alternatively, arrangements can be made to ensure the child / children are able to spend sufficient time with the non-relocating parent. However, this could be extremely difficult to achieve if the parent wants to relocate overseas and take the children with them.
TALK TO THE EXPERTS
Whether you are the parent planning on relocating with the children or not, it’s best to first speak with Caldwell Family Lawyers. We understand that this is a sensitive situation, however we provide professional and expert advice to resolve your matter. You can count on us to help both parents to achieve a satisfactory arrangement.
If you or your ex-partner are planning on relocating, then please call to arrange an appointment with our team and discuss your options and legal rights.