Relocation and recovery of children

A parent should not relocate a child’s residence to another city, State or Territory without the other parent’s consent. If a parent unilaterally relocates with a child, the Court can make orders requiring that the child be returned to their usual place of residence.

Similarly, if a parent is withholding the child from the other parent’s care without proper basis, a Court could order that the child be returned to the other parent’s care. The Court is more likely to make a recovery order on an urgent basis if the child is young and is being withheld from his or her primary caregiver.

If parents agree to a child moving interstate or overseas, either indefinitely or for a limited period, they should try to reach agreement about when the child will spend time with the parent who is not moving so that their relationship can be maintained.

If there is a disagreement about whether a parent should be permitted to relocate with a child, the parties can ask the Court to decide. The Court will prioritise the best interests of the child when considering each of the parent’s proposals.

If you or your ex-partner are considering relocating, complete our induction form here and book in a conference with us to discuss your options and next steps.

If you are concerned about the children being withheld from your care, book a free 10-minute chat with us today for urgent assistance. If there are no available times and the matter is urgent, please call our office on 9486 5269.