Relocation of children is the most difficult issue that arises after separation. This occurs when one parent wishes to move residence to a place that is far enough away to affect the time the other parent spends with the child – whether it is relocation from Sydney to the Central Coast, or as far away as overseas. The balance between the freedoms of one parent to move if they wish and the rights of a child to be able to see both parents regularly is often very hard to achieve. Judges of the Family Court of Australia often remark that these are the most arduous of cases they have to decide.
Various High Court cases provide guidance on relocation issues. Yet, as is common in Family Law matters, the outcome of each individual case turns on the specific facts of that family situation.
We have been involved in many Court cases involving relocations to Ireland, Hong Kong, Singapore, New Zealand and other countries, as well as throughout Australia. However, we have also assisted parties in negotiating an agreement to relocate without the need to go to Court.
MRR v GR