Relocation for Children's Well-Being
The client has recently separated from their partner and they have two children under the age of six. The client wishes to relocate from a regional area in New South Wales to a larger city to access better support, work opportunities, and services for their son, who has special needs. The son's school is set to begin in a few weeks, raising concerns about potential disruption from changing schools abruptly. The client's ex-partner, who has a shift work job, has not agreed to the move. The legal matters involved encompass child custody, family law, and relocation.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are my legal rights regarding relocating with my children when my ex-partner does not consent?
In Australia, if you wish to relocate with your children without your ex-partner's consent, obtaining a court order permitting the move is necessary. The court will evaluate whether the move is in the children's best interests, considering factors like stability, education, and the benefits of relocating. Avoid moving without consent or a court order as it may lead to legal consequences, including the return of the children to their original location.
How does the family court typically handle relocation cases involving children with special needs?
In cases involving children with special needs, the Family Court prioritizes the child's best interests, looking into the accessibility of educational and health services in the proposed location. The court considers whether the relocation will better meet the child's needs and the impact on the child's relationship with the non-relocating parent.
What factors will the court consider when deciding if relocation is in the best interests of my children?
The court will consider factors such as the emotional, psychological, and educational needs of the children, the impact on the relationship with both parents, the motivations for the move, and the feasibility of maintaining contact with the non-relocating parent.
What are the potential consequences if I relocate without obtaining consent or a court order?
Moving with your children without consent or a court order can lead to serious legal repercussions. It may be seen as a breach of parenting orders, potentially resulting in legal action by your ex-partner, and could affect future custody arrangements unfavorably.
