Custody Relocation
The client, currently residing in a city in Victoria, plans to relocate to a larger city in the state for a fresh start, mainly due to their partner's residence there. They have joint custody of their children, with limited involvement from the father, and the move is expected to affect his visitation schedule. The client has not yet communicated their relocation plans to the father but is prepared to allow extra time during school holidays to compensate. The children are currently enrolled in a school in their present location, and the client believes they will adjust well to the move, rating it positively. There are no existing legal documents or court orders regarding custody, and the client has a support network in the new city and plans to secure housing there.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow will the court determine the best interest of my children in this relocation case?
The court will assess the best interests of your children by considering factors outlined in the Family Law Act. Key considerations include the children’s relationship with both parents, the impact of relocation on their emotional well-being, and the practicality of maintaining the father’s relationship given his current limited involvement. The court will evaluate the stability offered by your proposed move to the new city against the potential disruption to their lives. The primary focus is ensuring that the children have a meaningful relationship with both parents and that their developmental, emotional, and educational needs are met. More details can be found in the Family Law Act.
What steps should I take to obtain legal approval for relocation with my children?
To obtain legal approval for relocating with your children, first, attempt to reach an agreement with the father. If an agreement is not possible, you will need to apply to the Family Court for a relocation order. The court will consider the best interests of the children, the practical impact on the father's visitation rights, and the benefits of the proposed move. Be prepared to demonstrate how the relocation will enhance the children's well-being. It is also advisable to seek legal advice to navigate the process effectively.
Could the father contest the relocation, and what would the process look like?
The father can contest the relocation by applying to the Family Court for a parenting order that either prevents the move or seeks a more favourable arrangement for himself. The court will consider the best interests of the children, including their relationship with both parents and the impact of relocation. Mediation is usually recommended as a first step, and if unresolved, the matter will proceed to a court hearing where both parties present their case.
How might the relocation impact the current child custody arrangements?
The relocation could modify the existing joint custody arrangement, affecting the father's contact frequency with the children. Given the increased distance, regular visits may require adjustments. The court will assess whether the move serves the children's best interests, taking into account the mother's capacity to maintain visitation schedules or propose alternatives. Without existing court orders, formal legal proceedings may be needed to seek approval for the relocation.
What evidence or documentation will strengthen my case for relocation?
To strengthen your case for relocation, gather evidence demonstrating that the move is in the children's best interests. This could include educational opportunities available in the new location, evidence of a supportive network, plans for stable housing, potential employment prospects, and documentation of the father's current involvement.
