If you have separated from your child’s parent and you want to travel within Australia with your child, you need to consider any parenting plan or court order, and the other parent’s views where it is safe to do so.
Travelling for a short period of time within Australia is usually not restricted, but you still need to tell the other parent about your travel plans if it is safe to do so. You may need to negotiate a temporary contact arrangement with the other parent when you return from your trip.
If you want to travel long-term or relocate within Australia, you will need to consider the steps below.
This information is general and is not legal advice. If you have specific legal questions, it is best to talk to a lawyer.
If you have a parenting plan or a court order in place, you are required by law to follow it and inform the other parent of plans. Check whether your parenting plan or court order has any conditions around traveling. The other parent must have knowledge of the travel or relocation and provide their consent.
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 joint decision. As a last resort, you may consider going to the Federal Circuit and Family Court of Australia, and making an application to allow you to travel with your child. It is important that you speak with a lawyer before you consider going to court. 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.
If you want to relocate within Australia or travel interstate with your child, you will need to consult with the other parent where it is safe to do so.
Depending on where you are going, relocating can be considered a major long-term issue, and parents need to make a genuine effort to come to a joint decision. The law requires parents to make decisions that impact a child with the best interests of the child in mind.
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.
As a last resort, you may consider going to the Federal Circuit and Family Court of Australia, and making an application to allow you to relocate with your child. It is important that you speak with a lawyer before you consider going to court. The court will consider what is in the best interests of your child, including the impact of relocation on the child and contact with the other parent.
If you travel or relocate without the other parent’s consent, they may apply to the court to prevent you from travelling, 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
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