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:
- The reason why you want to relocate;
- How that will impact on your child;
- What your child’s relationship is with the other parent;
- 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.
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.
If you require any further advice or any further information on the matters discussed in this article please contact our Family Lawyers