Can I move with my children after separation?

Divorce and separation can be a difficult process for everyone to experience, particularly your children. It is not uncommon for a parent to want to move with their children to another suburb, state or country. However, depending on the circumstances, this may not be feasible, especially if the relocation is not in the best interests of your children.

Relocating with children after separation is not always straightforward. Whether you can legally move with your children depends on how the relocation affects your child’s relationship with the other parent and whether you have the parent’s consent or a court order allowing the move. 

In Australia, parents share responsibilities for their children even after separation, meaning that decisions about where a child lives, especially if it involves a significant move, must be made jointly or through the court. Moving without consent can have serious legal consequences, including being ordered to return the child or facing penalties for breaching court orders.

Child Relocation Laws in Australia

The Family Law Act 1975 (Cth) governs all parenting and relocation matters in Australia. The guiding principle under this Act is that any decision concerning a child must be made in their best interests.

The guiding family law principle for making decisions on behalf of your children is that it must be made in their best interests. Factors that the court considers when deciding whether relocation is in the best interests of a child include:

• Whether the new arrangement would be safe for the child in the event that they, or the other parent have been exposed to domestic violence, abuse, neglect or other harm;
• Any views of the relocation expressed by the child; The developmental, psychological, emotional and cultural needs of the child and the capacity of the person with parental responsibility to provide for these needs;
• Whether the relocation would contribute to the loss of support networks;
• The benefit of the child to have a relationship with both parents; and
• Any other relevant factors relevant in the particular circumstances.

How Far Can I Move With My Child Without Court Permission?

If you plan to move to another suburb within the same metropolitan area, this will generally not require the court’s involvement provided it does not affect the other parent’s time or communication with the child.

However, if the move is likely to make existing arrangements impractical; for example, by increasing travel time to school or making regular visits unworkable, you must obtain the other parent’s written consent or apply to the Court for a relocation order.

There’s often confusion about whether you can move “a few hours away.” While there is no set distance (such as two hours or 100 kilometres) that automatically triggers a legal issue, the real question is whether the move disrupts the other parent’s time or the child’s routine.

Example:

• Moving 20 minutes away within the same city may not be considered relocation.
• Moving two hours away may affect handovers, schooling, and time with the other parent likely requiring legal approval.
• Moving interstate or overseas almost always requires consent or a court order.

Before deciding to move, it’s best to seek advice from an expert family lawyer to ensure you don’t unintentionally breach a parenting order or create grounds for legal action from the other parent.

Reaching an Agreement About Relocation

Relocation usually means that existing parenting arrangements are no longer practicable, depending on the geographical distance between both parents. If you are planning on moving to a different suburb within the same metropolitan area, then generally, this should not impact any existing arrangements. Moving further away will generally impact the ability of your child to have a relationship with the other parent. If this is the case, it is important to obtain legal advice.

It can be very difficult to relocate with your children when your former partner does not approve. However, there are various ways you can reach an agreement about relocation. The most cost-effective way is to reach an agreement with your former partner by having an open conversation about when you will both spend time with your children. For example, the parent who has not decided to relocate could spend time with the children during the school holidays. 

A family lawyer can help formalise these agreements by creating a parenting plan or by applying for consent orders. Both of these options can be made without a Court Hearing however, consent orders are legally binding. Additionally, a family lawyer may recommend that both parties attend Family Dispute Resolution such as mediation, to settle your dispute without Court intervention. Where parents can reach a practical compromise such as changing the pattern of visits, adjusting communication schedules, or sharing travel costs the Court will usually respect that cooperative approach.

If you are still unable to reach an agreement about relocation, you can ask the Federal Circuit and Family Court of Australia (FCFCOA) to make a relocation order. The FCFCOA can make parenting orders that:

• Allow you to relocate;
• Prohibits the other party from relocating outside of a certain area;
• Dictate other conditions of the relocation including when and where a parent can move and the visitation rights and responsibilities of each party; and
• Dictate how much child support will be paid by the parent not responsible for primary care.

These orders are not always agreed to by the Court, particularly if they find the relocation is not in the best interests of the child. This is relevant especially if the relocation impacts the time your child lives with or spends time with another parent or significant person. This means it is important that you seek prior legal advice if you are wishing to apply for relocation orders. It can also be difficult for the Court to change the orders when parents cannot agree, unless there has been a “substantial or significant change” in circumstances.

Legitimate Reasons for Relocating With a Child

Courts understand that sometimes relocation is necessary or beneficial for a child and the parent they live with. However, any proposed move must be supported by clear evidence showing how it serves the child’s best interests rather than only the parent’s.

The following are examples of circumstances where relocation may be approved by the Court:

• Employment or financial improvement: One parent has secured a stable job or promotion in another city, providing a higher income and better quality of life for the child.
• Support from family or community: The move allows the parent to live closer to extended family or a stronger support network, improving childcare and emotional stability.
• Safety from harm or family violence: The relocation helps protect the child and parent from ongoing violence, abuse, or threats.
• Educational or lifestyle opportunities: Access to better schooling, healthcare, or a more suitable environment for the child’s development.

It’s important to note that personal preference alone, such as wanting a change of scenery or lifestyle, rarely convinces the Court. Child Relocation in Australia must show tangible benefits to the child’s wellbeing, safety, and development.

When preparing your case, your lawyer can help you compile supporting evidence such as:

• Employment contracts or job offers,
• Proof of available housing or family support, and
• Plans for maintaining the other parent’s relationship with the child.

Unilateral Relocation and Recovery Orders

A Court may also intervene if you, or the other parent relocates with your child without the consent of the other party and without a Court order. This is known as unilateral relocation. In this case, a Court may require you or the other parent to return with the child until an outcome has been decided. If your child is missing or has not been returned, you can also apply for a recovery order.

A recovery order is a legal direction authorising the Australian Federal Police (AFP) or state police to locate, recover, and deliver the child to the appropriate parent or guardian. These orders are made under section 67Q of the Family Law Act 1975 (Cth).

When deciding whether to make a recovery order, the Court considers the same “best interests” principles as for relocation cases, including the child’s safety and stability.

What happens if your child has been taken overseas?

If your child was taken from their home country without your permission and without the authorisation of a Court, you may be able to get assistance under the Hague Convention on the Civil Aspects of International Child Abduction. The Hague Convention is an international treaty that helps parents recover children who have been wrongfully removed from their country of habitual residence. Australia is a signatory, along with more than 100 other countries. This is the primary international agreement that covers international parental child abduction. If you require assistance under the Hague Convention, you should contact the Australian Government Attorney-General’s Department, who can assist in providing a process for you to have your child returned to Australia.

Under the Convention, the Australian Central Authority which operates through the Attorney-General’s Department can assist parents in applying to have their child returned. This is not a custody decision but a process to return the child to their usual country so custody can be decided there.

You may be eligible for Hague Convention assistance if:

• Your child is under 16 years of age;
• You had custody rights that were breached by the abduction;
• The country your child was taken to is also a Hague Convention member.

If you believe your child has been wrongfully taken overseas:

1. Contact the Attorney-General’s Department immediately.
2. Provide all relevant documents (e.g., birth certificate, parenting orders).
3. Seek urgent legal advice on your international options.

The Hague process can be complex and time-sensitive, so prompt action is essential. Delays can make recovery harder, particularly if the other country’s legal system is slow or the child has been away for some time.

Consequences for a parent who relocates a child without permission

If there is a Court order in place and your unilateral relocation means the Court order cannot be followed, you will be contravening the order. This bears various consequences including:

• An immediate requirement to move back with your child;
• Fines;
• A variation to existing Court orders such as reducing time spent with your child;
• Losing access to your child; and
• Imprisonment in very serious cases.

In addition, the non-relocating parent can apply for:

• Recovery Orders, requiring the return of the child;
• Contravention Applications, alleging a breach of parenting orders; or
• Costs Orders, requiring the relocating parent to pay the legal costs caused by their actions.

Courts view non-compliance with parenting orders very seriously. Even if a parent believes relocation is justified, they are expected to seek legal permission before moving. Acting unilaterally can negatively influence future decisions about custody and parental responsibility.

When Will a Judge Deny a Relocation Application?

Courts are often cautious about allowing a parent to relocate with a child when it would significantly limit the child’s relationship with the other parent. While every case is unique, there are several common reasons why relocation requests are refused.

A judge may deny a relocation application if:

• The proposed move would severely reduce the child’s time with the other parent or extended family;
• The parent proposing to move has not presented a realistic plan for ongoing contact (for example, travel schedules, video calls, or holidays);
• The move appears motivated by conflict or convenience, rather than genuine need;
• The parent has not demonstrated clear benefits for the child (such as improved schooling, support, or safety); or
• The relocation would cause instability or emotional distress to the child.

The Court may also take into account each parent’s willingness to encourage the child’s relationship with the other parent. A parent who shows flexibility and good faith in maintaining contact is more likely to succeed in relocation cases.

Conclusion

It can be difficult to navigate the legal challenges and consequences of relocating with your child. If you wish to relocate with your child, or your ex-partner has relocated with your child without your consent, it is important that you speak with a family lawyer. Feel free to contact our team of specialist family lawyers for further assistance.



Relocation decisions after separation can be life-changing for both parents and children. While your reasons for moving may be genuine, it’s crucial to ensure every step aligns with your child’s best interests and complies with Australian family law.

The Norton Law Group guides parents through the complexities of relocation and parenting disputes with clarity and compassion. Whether you’re seeking permission to move, responding to a relocation application, or worried your child may be taken overseas, our Child Relocation team is here to protect what matters most.

Contact us today for practical, supportive legal advice about child relocation and your next steps. Together, we’ll help you make decisions that keep your family safe, connected, and secure.