Courts often have a difficult task of balancing a child’s relationship with both parents against a parent’s right to live where they want. The focus will always be the quality of time, not the quantity. There are many questions in relocation cases but some of the most important ones can be:
– Can the child maintain a meaningful relationship with the other parent (albeit with a different parenting arrangement than before) if the child moves?
– Are there any safety risks in the child moving?
– Should the child relocate with the traveling parent or should the child live with the parent who is staying?
– Why does the parent want to move? Are there legitimate reasons (like being close to family or work) or is it motivated by a desire to stop a parent seeing their child?
– Will the relocating parent keep supporting the child’s relationship with the other parent?
– Will the new location have suitable facilities for the child, like school, health services and extra-curricular activities?
– How old is the child and how does the child feel about moving?
– Does either parent have time and money to travel to see the child?
– If the previous parenting arrangement (say, fortnightly visits) isn’t practical anymore, what might be a suitable alternative? Courts might consider longer time in school holidays or additional phone/videocalls.
– Should the child be put on an ‘Airport Watchlist’, to prevent a parent flying them without the other parent’s knowledge?
Although a Court can prohibit a parent from relocating, this restriction is used only in limited and appropriate cases.
The Court has more information on relocation here – https://www.fcfcoa.gov.au/fl/children/relocation-travel
Victoria Police has information about Airport Watch lists and family law disputes – https://www.afp.gov.au/what-we-do/crime-types/family-law-kit
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