Separating and co-parenting is not a new phenomenon in Australia, but most complications arise when one parent chooses to relocate to a different town, city, or country. Regardless of your reason to relocate with your kids, you should know the right procedure to follow. Relocation is a decision that must be made by the parents sharing the responsibility of raising the child. This article highlights things you should know before moving with your child.
Plans to Relocate
Once you consider moving with your kid, your family lawyer should contact the other party or their attorney to let them know about your plans. After they are aware of your intentions, you can start discussing any issues that affect your parenting arrangements. If your ex-spouse disagrees with your arrangements, you will have to file an Application to Relocate to the court.
On the other hand, if you receive the notification for relocation and disagree with the plan, you must draft a letter showing that you disapprove. In cases where your co-parent decides to move with the kid without your consent, the court can order your child to return to you if necessary.
After Agreements
After reaching an agreement with your former partner, both of you will have to send a request to the family court for parenting orders by consent. Parenting orders include permission for the children to move and the amount of time each parent should spend with them.
Alternatively, instead of using the parenting orders, you and your former partner can draft a Parenting Plan under family law. The plan shows the agreement that both of you reached, but the court can still enforce it.
Avoid Going to Court
Agreeing with your ex-partner on co-parenting arrangements after the relocation is better than leaving the case to the court. A relocation case is usually complicated, and you might end up spending a lot of resources. The court cannot compromise when it comes to relocation decisions; either you are permitted to move, or your request is denied.
The money you would spend on the court proceedings could be better spent providing for your child and securing their future. Therefore, make a genuine effort to get into an agreement and make a joint decision.
It is usually good to work with a family lawyer when you or your ex-spouse wants to move with your child. A family lawyer will analyse your situation and help you come up with the best arrangement. Having attorneys during your negotiations will also help protect your rights and interests.
Share21 September 2020
Hello, my name is Sandra. I live with my two children in Eastern Australia. I have recently come through a very difficult divorce. My ex-partner used to drink too much and he wasn't a very good husband or father. The final straw was when I discovered he was having an affair. I filed for divorce the same day. I knew that getting divorced would be difficult but I didn't realise just how difficult. My husband did all he could to make it hard for me and the kids. Thankfully, I found a fantastic family lawyer who helped me through the entire process. I won custody of the kids and my husband has been asked to pay child support. I decided to start this blog to help others who are going through a divorce.