In Australia, there is no specific distance set by family law that you can or cannot move with your child after separation.

However, any move that significantly affects your child’s relationship with the other parent—such as relocating to a different town, state, or region—requires the consent of the other parent or a Family Court order.

If you share parental responsibility or have parenting orders in place, you must not relocate your child without legal approval or agreement.

Understanding Relocation and Shared Parental Responsibility

If you’re separated or divorced and have shared parental responsibility, you are legally required to consult the other parent about major decisions affecting your child’s life.

This includes where the child lives. A move that impacts school attendance, the other parent’s time with the child, or access to extended family is considered a significant change.

If you move your child without the other parent’s consent or court approval, you may be ordered to return, and your parenting arrangements could be legally challenged.

Courts assess relocation matters on a case-by-case basis, always prioritising the child’s best interests.

Key Takeaway: You can’t make major relocation decisions alone if you share parental responsibility; both parents must agree or seek a court’s decision.

Factors the Court Considers in Relocation Cases

If the other parent does not agree to the move, you can apply to the Family Court for a relocation order. The court does not focus on distance alone—it considers how the move will affect your child’s wellbeing and relationships.

Key factors include:

• The reason for the move (e.g. work, family support, housing)
• The impact on the child’s relationship with the non-relocating parent
• How the move will affect the child’s education, social life, and routine
• Whether alternate arrangements for contact (e.g. holidays, video calls) are realistic
• Each parent’s capacity to support the child in the new and current location

The law does not prevent you from seeking a better life in a new area, but you must balance that with the child’s right to have a meaningful relationship with both parents.

Key Takeaway: Courts assess relocation based on the child’s overall wellbeing—not just the distance you wish to move.

Moving Within the Same City or Region

If you’re planning to move across town or to a nearby suburb, you might not need formal consent—especially if it doesn’t disrupt existing parenting arrangements.

However, if the move changes how parenting time is shared (for example, making pick-ups harder or interfering with school schedules), it’s wise to inform the other parent and seek their agreement.

Disputes about even short moves can still end up in court, particularly if there is a parenting plan or court order in place. Clear communication can prevent conflict.

Key Takeaway: Even short-distance moves should be discussed if they affect parenting time—open communication helps avoid disputes.

Long-Distance Moves or Interstate Relocation

If you’re considering moving interstate or several hours away, you’re likely facing a more complex situation. This type of relocation usually impacts the other parent’s time with the child and will require:

• The other parent’s consent
• A change to existing parenting orders, or
• A successful application for a relocation order

It’s not uncommon for these cases to be contested. If an agreement can’t be reached, you’ll need to show the court why the move is in your child’s best interests and how you plan to maintain the relationship with the other parent.

Key Takeaway: Long-distance or interstate moves almost always require consent or court approval—prepare for negotiation or legal steps.

What Happens If You Move Without Consent?

Relocating your child without the other parent’s agreement or court order can result in:

• A court order for the child to be returned
• Legal penalties
• A modification of parenting arrangements that reduces your time or decision-making authority

If you feel unsafe or the situation is urgent (e.g. domestic violence), seek legal advice immediately. Safety concerns are taken seriously, but proper legal steps must still be followed.

Key Takeaway: Moving without legal permission can backfire—always follow the correct process to protect your rights and your child’s welfare.

How to Seek Permission to Relocate

If you and the other parent can’t agree, you can apply to the Family Court for relocation orders. You’ll need to:

• Provide detailed reasoning for the move
• Show a plan for maintaining the child’s relationship with both parents
• Demonstrate how the move benefits the child’s overall development

Legal advice is strongly recommended before applying. Mediation may also be required before your case proceeds to court.

So, how far away can you move with your child in Australia? It depends—not on kilometres, but on how the move affects your child’s life and their relationship with the other parent.

Whether you’re moving across town or across the country, the focus is always on your child’s best interests.

Open dialogue, legal guidance, and a cooperative approach can help you navigate relocation in a way that supports both you and your child.