Navigating domestic travel or relocating within Australia can be complex for separated parents. It is important to understand your rights and obligations in your plans and decision-making.
On this page you will find an overview of the information in our ‘Travelling or Relocating Within Australia’ resource. To read the full resource, click on the ‘Download Full Resource’ button below.
This resource is available in 10 languages, including Arabic, Chinese, Dari, Hindi, Persian, Punjabi, Sinhalese, Thai and Vietnamese.
What you need to consider when planning travel or relocation within Australia depends on how long you are planning to travel for and how far you want to go.
If you have separated and want to travel or relocate within Australia with your child, you need to consider the other parent’s views, if is safe to do so. If you have a parenting plan or court order, we recommend that you carefully review and consider these in your decision making.
Your responsibilities and obligations depend on the type of travel and how long you will be away.
Travelling within Australia
Generally, you do not need permission for a short holiday unless a Court Order says otherwise. However, it is best practice to:
If you have a parenting plan or a court order, we recommend that you carefully review and follow any conditions.
Relocating permanently to a place that impacts the time your child spends with the other parent.
This is a major long-term decision under Family Law. You generally cannot move away without:
Written consent from the other parent.
A Court Order permitting the relocation.
Before planning to relocate long term, it is important to seek legal advice.
Seek legal advice
You may be able to try Family Dispute Resolution.
You may need to consider going to the Federal Circuit and Family Court of Australia to apply for court orders to allow travel or relocation.
Orders made by the Family Court setting out parenting arrangements. They can prevent a child and parent from moving away from the other parent. The court will consider the best interests of the child before making these orders.
If a parent takes a child without consent and their whereabouts are unknown, the Court can issue an order requiring others to provide information to the court on the child’s location.
If a parent takes a child without consent the Court can issue an order requiring the return of a child to a parent or other person with parental responsibility.
After separating from her husband, Fatima wanted to move from the regional town where they lived with her two daughters to find a well-paying job interstate in her field of expertise and to be closer to family members.
Her husband did not agree with the relocation, so Fatima decided to reach an agreement that would allow her to relocate with her daughters.
With the help of a mediator, a parenting plan was negotiated that allowed Fatima to relocate with additional conditions such as video calls and spend time arrangements during school holidays.
We have created a series of four resources focused on travel with children after separation where there is family violence.
To read the complete travel resources booklet click the ‘Download Complete Travel Resources Booklet’ button below.
This booklet contains all four travel resources:
This resource is available in 10 languages, including Arabic, Chinese, Dari, Hindi, Persian, Punjabi, Sinhalese, Thai and Vietnamese.
Legal Disclaimer: The material on this page is a general guide only, not legal advice. Please seek legal advice about your specific situation.
You are not alone. Please contact the below services for additional support.
Free legal information and advice to Victorians.
Victoria’s 24/7 family violence response centre for crisis support.
National sexual assault, domestic family violence counselling service.
Need an interpreter? Call TIS and ask to be connected to any of these services.
