If you’re considering relocating with your child or opposing such a move, understanding how relocation orders work in family law is key.
In Brisbane, relocation orders come into play when parents cannot agree on the relocation of a child and require the court’s intervention to determine what’s in the child’s best interests.
Whether you’re planning a move or facing one, this guide will help you navigate the complexities of relocation orders.
What Is a Relocation Order in Family Law?
A relocation order is a court order that permits a parent to move with their child to a location that impacts the current parenting arrangements.
Relocation cases arise when one parent wants to move, and the other parent objects, fearing it may disrupt their relationship with the child.
In Brisbane, as elsewhere in Australia, the court’s primary consideration in these cases is the child’s best interests.
If you’re planning to relocate, you’ll need to prove to the court that the move benefits the child, not just yourself.
If you’re opposing the relocation, the focus will be on how the move could negatively affect your relationship with the child.
Key Takeaway: Relocation orders are about balancing parental rights with the child’s best interests. Prepare to present evidence supporting your case, whether you’re seeking or contesting the move.
Factors the Court Considers in Relocation Cases
The Family Law Act 1975 governs relocation disputes in Brisbane. Courts weigh a range of factors when deciding these cases, including:
- The child’s relationship with both parents: How will relocation impact the quality and quantity of time the child spends with each parent?
- The child’s views: Depending on their age and maturity, the child’s preferences may be considered.
- Practical implications: Logistical factors like travel costs and communication methods post-relocation.
- Reason for relocation: The court examines why you’re proposing or opposing the move, such as employment opportunities, family support, or personal preferences.
Courts are often reluctant to separate children from a parent unless it can be shown that relocation aligns with the child’s best interests.
Key Takeaway: The court’s decision will focus on what benefits your child the most, not just your personal circumstances. Evidence is critical in demonstrating the move’s advantages or disadvantages.
Steps to Apply for a Relocation Order
If you’re planning to move with your child, and the other parent doesn’t agree, you must apply to the Federal Circuit and Family Court of Australia (FCFCOA) for a relocation order.
How to Apply:
- Seek legal advice: Understanding your rights and responsibilities is your first step.
- File an initiating application: This sets out your request for relocation and parenting orders.
- Provide supporting evidence: Your affidavit should detail why the move is in the child’s best interests.
The process may include mediation before a court hearing, as Australian family law prioritises resolving disputes without litigation where possible.
Key Takeaway: Follow the correct legal procedures and ensure your application focuses on the child’s needs and well-being.
Defending Against a Relocation Order
If you’re opposed to the proposed move, you can contest the application by providing evidence that relocation is not in your child’s best interests. This might include showing how the move would:
- Strain your relationship with the child.
- Disrupt the child’s education or social connections.
- Negatively affect the child’s mental or emotional well-being.
You may also suggest alternative parenting arrangements that allow both parents to maintain meaningful relationships with the child.
Key Takeaway: If you oppose a relocation, focus on how it could harm the child’s stability or bond with you. Propose practical alternatives to strengthen your argument.
The Role of Mediation in Relocation Disputes
Before applying for a relocation order, parents in Brisbane must attend mediation. Mediation allows both parties to negotiate and potentially reach an agreement without needing a court order.
If an agreement cannot be reached, you’ll need to obtain a certificate from a Family Dispute Resolution (FDR) practitioner before filing an application.
Key Takeaway: Mediation can save you time, money, and stress. However, if no resolution is found, the court will ultimately decide.
The Consequences of Moving Without Permission
Moving with your child without the other parent’s consent or a court order can lead to serious legal repercussions.
The other parent may file for a recovery order, compelling you to return the child. In Brisbane, courts take a strong stance against unilateral relocations, as they often undermine shared parenting arrangements.