If you want to relocate within Australia or travel interstate with your child, you will need to consider what the other parent thinks and what is in the best interests of the child.
Travelling short-term within Australia is usually not restricted, but you should still tell the other parent about your plans. If your travel impacts the time your child spends with the other parent, or if there are court orders in place, you will need their permission.
If you want to travel long-term or relocate within Australia, the law requires you to consult with the other parent if it is safe to do so. Depending on how far away, relocating is considered a major long-term issue where parents need to make a genuine effort to come to a joint decision. The decision needs to consider the best interests of the child.
If the other parent disagrees or it is not safe to discuss plans with the other parent, you can try Family Dispute Resolution. This is where a mediator can help you discuss issues and come to a decision. If you do not discuss plans, the other parent may apply to the court to prevent travel, or to have the child returned to them.
For more information on relocating with your children see: Children: Relocation, travel and the Hague Convention | Federal Circuit and Family Court of Australia
This information is general and is not legal advice. If you have specific legal questions, it’s best to talk to a lawyer.
The law requires that parents consult with the other parent about issues to do with children if it is safe to do so. Relocation is considered a major long-term issue where parents need to make a genuine effort to come to a joint decision.
If you want to relocate to another part of Australia with your child, and the other parent doesn’t agree, you can try Family Dispute Resolution. This is where a mediator can help you discuss issues and come to a decision. As a last resort, you can consider going to go to court to ask for a relocation order. The court will consider what is in the best interests of your child, including the impact of the move on the child and contact with the other parent.
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Contact Legal Aid or call 1300 792 387 and ask for an interpreter. This service is open Monday to Friday, 8 am to 6 pm and it is free.
If you want to travel within Australia for a holiday or short trip, you may not need a court order, unless your parenting orders say otherwise. But it’s best to tell the other parent in advance.
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