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If you want to relocate with your child, you can make an application to the Federal Circuit Court of Australia or Family Court of Australia asking that the Court make orders allowing you to relocate with your child. The application can be made before you relocate, or after the other parent has relocated with your child if you did not consent or were not aware of the relocation.

If you are making an application to the Court to relocate with your child, you need to detail why it is in the best interests of the child to relocate. It is important to include a proposal for when the child will spend time with the other parent who is not relocating.

The Court will need to look at each party’s proposal and make a decision as to which proposal is in the best interests of the child.

What to include in your application

  • Why the relocation is more suitable than the current arrangements;
  • Evidence of proposed schooling arrangements, housing arrangements etc;
  • Additional factors including relationships with significant people who may live in the area which you are wishing to relocate to.

Explaining that your proposal is practical

  • How you propose to facilitate a meaningful relationship between the child and the other parent;
  • Who will cover the costs of travel and what the travel arrangements would be when the child is to spend time with the other parent;
  • How the child and the other parent will maintain regular contact, such as telephone calls, skype or facetime.

Factors which will give you the best chance of succeeding

  • There are good reasons for you wanting to relocate
  • The child is old enough to carry on a meaningful relationship with both parents regardless of the distance
  • There is reasonable communication between parents and they are child focused
  • Costs have been properly considered
  • Travelling proposals are not disruptive to the child