Services

Child Relocation

After separation, a parent may wish to relocate with their children within Victoria, interstate or overseas, for reasons such as work, family or housing affordability.

If the relocation will impact significantly on a child’s ability to have a relationship with their other parent, the parent wishing to relocate must seek the consent of the other parent or obtain a relocation order from the Federal Circuit and Family Court of Australia.

The child’s best interests are the paramount consideration. Under the Family Law Act 1975, the Court considers factors including the child’s safety, their views, their developmental and emotional needs, the benefit of relationships with their parents and other significant people where it is safe, and each parent’s capacity to meet their needs.

It is important to ensure that your application to relocate or oppose a relocation carefully considers these factors. Child relocation cases are complex. The outcomes are life-changing for children and parents. At Empower Family Law & Mediation we have the expertise and experience to negotiate your child relocation case and to optimise your prospects of achieving the outcome you want.

We can also assist parents to recover children who have been relocated or removed from their care by the other parent without consent or a Court order.

If you have found yourself in a situation where you need assistance with relocation, contact us on (03) 7020 6542 to discuss your options.

FAQ’s

Can I move with my child without the other parent’s agreement?

If the move would significantly affect your child’s time with their other parent, you should seek their agreement or Court orders first. Moving without either can lead to urgent Court proceedings and may breach existing parenting orders.

Does my child get a say?

The Court can consider a child’s views, but how much weight that carries depends on the child’s age and maturity.

Do we have to go to Court?

Not necessarily. Most parents must attend family dispute resolution (mediation) before filing, and many reach agreement at that stage.

What if the other parent has taken my child?

Contact us urgently. The Court can hear urgent matters and make orders for the child’s return. If you’re worried about your or your child’s safety, call 000.

What if I need to move because of family violence?

Safety is the Court’s first consideration. Contact us as soon as possible, so we can take the right steps, and reach out to support services such as 1800RESPECT.

Speak with us

Your first 30-minute consultation is free. Call (03) 7020 6542 or contact our team to discuss your circumstances and next steps.

Phone: (03) 7020 6542

Email: info@empowerfamilylaw.com.au

Let us be your voice in troubled times.

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There is no separate test for relocation

It is worth being clear about this, because the language of "relocation cases" suggests a distinct branch of law. There is no separate relocation test and no presumption either way. A relocation application is decided inside the ordinary best-interests framework, with the proposed move as the central fact.

So the Court works through the same considerations it applies to any parenting dispute:

what arrangements would promote the safety of the child and of each person who cares for them, including safety from family violence, abuse, neglect or other harm
any views expressed by the child
the child's developmental, psychological, emotional and cultural needs
the capacity of each person with parental responsibility to meet those needs
the benefit to the child of a relationship with both parents, and with other people significant to them, where it is safe
anything else relevant to that child.

For an Aboriginal or Torres Strait Islander child, the Court must separately consider the child's right to connect with and maintain their connection to family, community, culture, country and language — which can cut either way in a move, depending on where that connection lies.

In practice, relocation cases turn on how realistically the relationship with the other parent can be preserved after the move: travel time and cost, who bears it, school terms and holidays, and whether the proposed arrangements are genuinely workable rather than merely possible on paper.

Prepare the proposal, not just the reasons

Whether you are seeking to move or opposing a move, the Court is being asked to choose between competing concrete futures for the child. A proposal that sets out the practical detail — where the child would live and attend school, exactly how and when they would spend time and communicate with the other parent, how travel would be funded and managed, and what would happen in school holidays — is far more useful than an explanation of why the move is wanted.

If a child has already been moved or taken

Different processes apply once a child has gone, and they are time-sensitive:

Within Australia. Where a child who normally lives with you has not been returned, or is missing, you can apply for a recovery order, which can authorise the return of the child and, where necessary, the involvement of authorities in locating them.
Overseas. Where a child has been taken overseas without your permission or without court authorisation, or has not been returned as agreed, the Hague Convention framework may apply. Whether it does depends on the country involved.
Preventing a departure. There are separate passport proceedings where there is a risk a child may be removed from Australia, and applications of this kind can be made urgently.

If you believe a move is imminent, or has just happened, act quickly. The practical options narrow considerably once a child is established in a new country, and some remedies depend on steps being taken promptly.

Urgent applications and the child's representation

There is a process for asking the Court to list a parenting application urgently where the circumstances require it. In some cases the Court may also appoint an Independent Children's Lawyer to represent the child's interests independently of both parents — a step that is relatively common in relocation disputes, because the decision is finely balanced and the consequences for the child are long-lasting.

The Court information on this page reflects the published guidance of the Federal Circuit and Family Court of Australia on children's matters, as at 26 October 2026. It is general information only, not legal advice, and does not replace advice about your own circumstances.

What happens between filing and a final decision

Relocation disputes are rarely resolved quickly, and the interim position often matters as much as the final one.

Where a move is opposed and an application is filed, the Court will usually need to decide what happens to the child in the meantime. That interim decision is made on limited material, without the full evidence a final hearing would involve, and it frequently sets the practical status quo for a considerable period. It is one reason moving before the dispute is resolved can be counterproductive: an order returning the child while the matter is decided means the child moves twice, and the interim arrangement then becomes the arrangement the Court is asked to disturb.

A matter can settle at any stage before the final hearing, and many do. Family dispute resolution is mandatory before a parenting application can be filed unless an exemption is granted, and the certificate issued by a registered practitioner must generally be filed with the application.

Reports, and how the child's circumstances are assessed

Children do not give evidence. Where the Court needs to understand a child's circumstances it may order a report, and the person preparing it decides whether to observe the child with each parent and whether to meet the child separately. Parties are expected to comply with requests for the child's participation.

In a relocation case a report is often central, because the question is not simply who the child would rather live with but how the child would actually fare under each proposal — including how a long-distance relationship with the other parent would work for a child of that age and temperament.

The Court may also appoint an Independent Children's Lawyer, who does not act for either parent and does not take instructions from the child, but forms an independent view and can gather material from schools, doctors or child protection authorities.

Practical questions worth answering before you apply

Whether you are proposing a move or opposing one, the proposals that persuade are the ones that have been thought through to the level of detail a family actually lives at:

Which school, and is a place available? What does the enrolment timeline look like?
Where would the child live, and what does that housing cost relative to the current arrangement?
Exactly how often would the child see the other parent, for how long, and in which school terms and holidays?
Who pays for travel, who accompanies a young child, and what is the total travel time door to door?
What happens if the arrangement fails — if a job falls through, or the support network does not materialise?
How would school holidays, birthdays and significant family or cultural events be handled?

Answering these before filing tends to shorten the dispute, because much of what is contested in relocation cases is the practicality of the proposal rather than the sincerity of the reasons behind it.

Court information in this section reflects the published guidance of the Federal Circuit and Family Court of Australia, as at 27 October 2026. It is general information only, not legal advice.

Is there a separate legal test for relocation cases?

No. Despite the label, there is no distinct relocation test and no presumption either way, in favour of or against a move. A relocation application is decided inside the ordinary best interests framework, with the proposed move as the central fact of the case. The Court considers what arrangements promote the safety of the child and each carer, any views expressed by the child, the child's developmental, psychological, emotional and cultural needs, the capacity of each person with parental responsibility to meet those needs, the benefit of a relationship with both parents and other significant people where safe, and anything else relevant to that child. For an Aboriginal or Torres Strait Islander child, their right to connect with family, community, culture, country and language is a separate consideration.

Can I just move and sort it out afterwards?

That is the most expensive approach available and it often produces the worst outcome. Where a move would significantly affect a child's ability to have a relationship with the other parent or another important person, you need that person's consent or an order from the Court before going. Moving first and litigating afterwards commonly leads to urgent proceedings and, in some cases, an order that the child be returned to live where they were while the dispute is decided, which can mean the child moves twice. If a move is being considered, raise it early: a negotiated or mediated outcome is frequently achievable and is far less disruptive for the child than a contested hearing.

What makes a relocation proposal persuasive?

Concrete detail rather than reasons for wanting to move. The Court is being asked to choose between competing, specific futures for the child, so a proposal that sets out where the child would live and attend school, whether a place is available, exactly how and when they would spend time and communicate with the other parent, how travel would be funded and managed, who would accompany a young child, and what happens during school holidays is far more useful than an explanation of why the move is wanted. Relocation cases turn on how realistically the relationship with the other parent can be preserved after the move: travel time and cost, who bears it, and whether the arrangements are genuinely workable rather than merely possible on paper.

What if my child has already been taken?

Act immediately, because the practical options narrow quickly and some remedies depend on steps being taken promptly. Within Australia, where a child who normally lives with you has not been returned or is missing, you can apply for a recovery order, which can authorise the return of the child and, where necessary, the involvement of authorities in locating them. Where a child has been taken overseas without your permission or without court authorisation, or has not been returned as agreed, the Hague Convention framework may apply, though whether it does depends on the country involved. Where there is a risk a child may be removed from Australia, separate passport proceedings exist and can be brought urgently.

Will the Court appoint a lawyer for my child?

It may, and it is relatively common in relocation disputes. These cases are finely balanced and the consequences for a child are long-lasting, which is exactly the situation in which an Independent Children's Lawyer is useful to the Court. They do not act for either parent and do not take instructions from the child, but form an independent view of what arrangements serve the child's best interests and put that to the Court. Their work can include obtaining reports and gathering material from schools, doctors or child protection authorities, which often produces a more complete picture of the child's circumstances than either parent's evidence alone would provide.

What evidence should I be gathering?

Full and frank disclosure applies in parenting cases at every stage, and the relevant material is case-specific. It can include medical reports about a child or parent, school reports, letters and drawings by the child, photographs and diaries. For a proposed move, focus on the destination and the practical arrangements: the school and whether a place is available, housing, the support network relied on, employment, and the cost and practicality of travel between the two locations. For a parent opposing a move, focus on the existing relationship and routine and what would realistically be lost. If you obtain an expert report for the case, you must give a copy to the other parties and to any Independent Children's Lawyer appointed.