How can I relocate with my child?

I want to move and relocate with my child, can I do this?

You might want to move or relocate with your child because you have a new partner, or a job offer. Before you decide to move you need to think about how that will impact your child and their relationship with the other parent and other important people in their life.

If you just get up and move the other parent may take you to court and get a recovery order. This means your child will have to come back until a court decides if it is in your child’s best interest to move.

Relocation cases are often difficult cases for a judge to decide. The judge looks at:

  1. The reason why you want to relocate;
  2. How that will impact on your child;
  3. What your child’s relationship is with the other parent;
  4. Will your child be able to maintain a meaningful relationship with the other parent and other important people in their life.

If you are considering a move, you should first speak to one of our family lawyers to determine your options.

Recovery Orders

What happens when a parent refuses to return a child or moves away (relocates) with the child without your consent?

An application can be made to the court for a recovery order. A recovery order is a court order requiring the return of a child to a:

  • Parent; or
  • A person whom the child lives with, spends time with or communicates with; or
  • A person who has parental responsibility for a child.

Our experienced lawyers can assist you to make an application for a recovery order if:

  • You are a person who the child lives with, spends time with or communicates with in accordance with a parenting order;
  • The court has ordered that you have parental responsibility for a child;
  • If there are no court orders in place, you are otherwise a person concerned with the care, welfare and development of the child or are a grandparent of the child.

Contact Us

If you require any further advice or any further information on the matters discussed in this article please contact our Family Lawyers

Our legal services

Our lawyers provide expert assistance and advice in the following areas:

Family Law

  • Parenting and Property Matters
  • De Facto Separation 
  • Divorce 
  • Binding Financial Agreements 

Wills & Powers of Attorney

  • Wills 
  • Enduring and Non-Enduring Power of Attorney
  • Medical Treatment Decision Maker 
  • Guardianship Applications at VCAT

Deceased Estates, Estate Planning and Probate

  • Grant of Probate
  • Letters of Administration 
  • Contesting Wills 
  • Calling in and Distributing Assets from deceased estates


  • Purchase 
  • Sale 
  • Transfer of Titles 
  • Caveats 

Intervention Orders

  • Family Violence Intervention Orders
  • Personal Safety Intervention Orders 
  • Representation at Court
  • Advice and assistance contesting an Intervention Order

Commercial & Residential Leases

  • Drafting Leases 
  • Advice and Review of lease documents
  • Disputes as to rental relief
  • Representation at VCAT

Client testimonials

My son has recently gone through a separation and custody dispute with the assistance of Marlene, I cannot praise their service enough. He was provided with open and honest advice throughout this whole ordeal. Marlene’s expertise put us all at peace as we navigated an area none of us were familiar with. She responded promptly to all our questions, with very clear advice and suggestions (even though they may of seemed to her like silly questions) . I cannot recommend this service higher, I certainly hope we don’t need their services again but if we do we won’t hesitate to contact them. We can’t thank Marlene enough for all she did and all her expertise.

Very happy with this firm they helped me through a very difficult time with their knowledge and consideration . Would highly recommend them.

I’m very glad, got the good outcome. Thank-you Megan for your support during these challenging times. You’re so friendly with kind words and patience. You worked really hard and helped with assisting me during this traumatic phase in my life.


Hi. Thanks so much for all your hard work and efficiency. Please thank Marlene for me also for all her hard work and for a great outcome. Hope you both have a great Christmas and all the very best for 2018. Thanks and best wishes.


Accreditations & Memberships

Ebejer & Associates Lawyers are a proud supporter of Cancer Council Victoria’s Financial and Legal Support Program, providing legal support to vulnerable Victorians affected by cancer. If you, or someone you know, has cancer and needs support, learn about the services available at

Proudly Supporting Cancer Council Victoria

Ebejer & Associates Lawyers acknowledges the Traditional Owners of the regions we service, their diversity, histories and knowledge and their continuing connections to land, water and community. We pay our respects to all Aboriginal and Torres Strait Islander Peoples, their Elders past, present and emerging.

Ebejer & Associates Lawyers

6/19 Synnot Street, Werribee, 3030
Monday – Friday / 9am – 5pm

Suite 7.12, 365 Little Collins Street, Melbourne, 3000
By appointment only

Bellarine Peninsula
By appointment only

PO Box 171, Portarlington, VIC, 3223

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