Sometimes a parent may wish to relocate their children to another geographical location.  This may occur for a range of reasons.  In our globalised society, couples often meet and start families abroad.  If that relationship breaks down, a parent may wish to return with their children to their home country.  In other cases, after the breakdown of a relationship, a parent may need to protect their children from family violence, or there may simply be greater opportunities for family support or career progression in another location.  However, relocation can also have adverse consequences for the children or the parent left behind.

If the proposed relocation is of such distance that it would likely interrupt the child’s relationship with the other parent, or otherwise disturb the current arrangements (e.g. the child’s ability to remain at their school), then the proposed relocation generally requires the consent of the other parent or an order of the Court.  Urgent measures can also be taken to prevent a parent relocating a child unilaterally, such as an application for a child to be placed on the “Family Law Watch List” (“Airport Watch List”), orders in relation to children’s passports and other injunctive relief.

Relocation cases can be notoriously difficult to resolve as there is often no “middle ground”.  The parent is either permitted to relocate the child or not.  We can advise appropriately and conduct litigation when a resolution cannot be achieved.  We have experience running both relocation applications on behalf of parents and defending applications made by opposing parents.  We also have a specific expertise in international family law.  Our team of family lawyers in Melbourne regularly work with lawyers and experts from around Australia and abroad.