By Briana Kotzapavlidis

8 March 2016

It is understandable when parties to a marriage separate that one party might want to move to a new location for a fresh start.

Referred to as a “relocation”, this move could be to the other side of town, across the state or to a different country altogether. However, when children are involved, it is not as simple as purchasing a plane ticket! A relocation case therefore requires legal consideration.

There are a number of factors that will be considered in determining whether or not one party will be permitted to relocate intrastate, interstate or internationally with children. These factors include the financial circumstances of each of the parties, the age of the children, the nature of the children’s relationship with each of their parents and whether there is a history of family violence. The Family Court or Federal Circuit

Court will also examine where each parties’ extended family and support networks reside and the extent and nature of any family violence allegations. A carefully crafted proposal is essential for success in pursuing or preventing a relocation. Accordingly, it is vital that a relocation case is approached in a detailed and considered manner from the outset.

If you have separated from your spouse and are considering relocating, or are concerned that your spouse might be contemplating a relocation, it is important to obtain advice early in relation to the proposed relocation. An early application to the Court is quite often the most efficient resolution to these matters, irrespective of what your position might be.

 

For more information please contact Briana Kotzapavlidis or a member of our Family Law Team.

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