The issue of relocating with children are often difficult matters as the issues can be rather complex, irrespective of whether the relocation involves a move to another part of the same state, interstate or overseas. Relocation cases are especially difficult as often an unavoidable result of one parent relocating is that the other parent will have diminished contact with their child.
In making such determinations the court must have regard to the best interests of the child as the paramount consideration whilst seeking to ensure that both parents are meaningfully involved in their child's life.
Consideration needs to be given to many factors including:
- the practical difficulty and expense of a child spending time with and communicating with a parent;
- the likely effect of separating the child from either parent or any siblings;
- who should pay the additional costs of contact visits associated with the relocation;
- each parent's willingness to encourage a close, continuing relationship between the child and the other parent;
- the nature of the child's relationship with each parent and with other persons (such as grandparents); and
- any views expressed by the child.
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