Parenting arrangements after separation or divorce can be challenging, especially when it involves relocating or travelling with children. The Family Law Act 1975 (Cth) governs these matters in Australia, ensuring equal and shared parental responsibility, which means parents must make key decisions for their children together. This extends to decisions on relocating within Australia or travelling with children. This article explores the legal aspects of moving children and travelling with them after separation.
Moving House with Children
Relocating with children after separation requires careful consideration of the child’s best interests. If one parent wishes to move with the children, they must seek consent from the other parent. If both parents agree, they can adjust the parenting plan accordingly. Cooperation and communication are crucial in managing these changes.
In cases where no agreement can be reached, the parent seeking to move may apply for a court order. The Court will consider various factors, such as the reasons for the move, the impact on the child’s relationship with the non-relocating parent, the child’s age, schooling, and emotional needs. If relocation is approved, new parenting arrangements may be made to maintain a meaningful relationship with both parents, including adjustments to visitation and care schedules.
Travelling with Children
Travelling with children after separation can also be complex. If a parent wishes to take the child on an international trip, both parents’ consent is typically required to obtain a passport. If one parent objects to international travel, they can prevent the trip by withholding consent.
In rare cases where one parent has sole parental responsibility, they can make travel decisions without the other parent’s consent. However, sole parental responsibility is usually granted only in exceptional circumstances, such as safety concerns. Even with sole responsibility, the parent must often notify the other parent about travel plans, including the destination, dates, and contact information during the trip.
Child Abduction
One concern for separated parents is the risk of child abduction. The Family Law Act provides legal mechanisms to address international child abduction. If a child is unlawfully taken or retained overseas by one parent, the other parent can apply for a recovery order. This order authorises the Australian Federal Police to investigate and, if necessary, work with international agencies to return the child to Australia.
Seeking Legal Assistance
When relocating or travelling with children after separation, it is essential to prioritise the child’s well-being and comply with the legal requirements. Effective communication and cooperation between parents are critical, but legal advice and court orders may be necessary when disputes arise.
This general information highlights key legal considerations for separated parents. If you need personalised advice or assistance, please contact us on 03 9670 7440 or email [email protected].