How Far Can You Move Away As A Child’s Primary Carer?

How Far Can You Move Away when your child or children live with or spend significant time with you, Australia?

If you are considering moving away from your current location, it is important to understand how the move will impact your parenting arrangements. You may recognise the term ‘joint custody’. The Federal Circuit and Family Court of Australia use the terminology live with and spend significant time with rather than referring to what used to be ‘custody’.

Every situation is different, so it is important to speak with an experienced family lawyer to get specific advice about your case. In this blog post, we will discuss some of the factors that may be considered when determining whether a move will be allowed when your child or children live with you or spend significant time with you, in Australia.

The court will determine whether you have shared parental responsibility for your child or children, and which parent the child or children will live with, and which parent the child or children will spend significant time with.

If you have joint parental responsibility for your children and you share equal time with your children, you will need to obtain permission from the court before you can move away with them.

What does shared parental responsibility and equal time with your children mean?

Shared parental responsibility and shared time arrangements are designed to provide children with stability and continuity in their lives by ensuring that the children maintain meaningful relationships with both parents.

Shared parental responsibility means that both you and the other parent have shared responsibility for the major decisions regarding your children, including educational, physical, medical and any legal and care of their children. The court will presume it’s in the children’s best interests for parents to have equal shared parental responsibility, unless there has been child abuse or family violence. The Court’s main consideration is what is in the best interests of your child or children.

Equal shared parental responsibility is not the same as equal time with the children.

What should you consider if you want to move?

If you are planning on moving away and you have parenting arrangements or Court Orders in place, including Orders by Consent, there are a few things that you should keep in mind. First, you will need to obtain permission from the court before you can move. Second, you should be prepared to explain how the move will benefit your children and why it is in their best interests. Lastly, you should be prepared to show that the move is feasible and that the children will be able to maintain a relationship with both parents.

What will the court consider?

The court will always consider what is in the best interest of the child when deciding on whether to allow a move including:

• • Social life
  • Distance of the move
  • Extracurricular activities
  • The reasons for the move
  • The impact of the move on the children’s schooling
  • The impact of the move on the children’s emotional and physical well-being
  • Whether the children will have the support of extended family in the new location
  • Whether or not it would be feasible for the children to maintain a relationship with both parents

If the court agrees, how far away you can move with your child or children?  

There is no hard and fast rule when it comes to how far you can move away.  The court will always consider what is in the best interests of the child, including that the default position is that the child or children should maintain a relationship with both parents, when deciding on whether to allow a move. In most cases, the court will only allow a move if it is in the child’s best interests and if the move is feasible.  If the distance is significant, the court may require that the child spend more time with the parent the child does not live with to enable the maintenance of a relationship with them.

What happens if your former partner takes your child out of state without permission?  

If the other parent takes your child out of state without permission, you can file a motion with the court to have them returned. You can also file a motion for contempt if your former partner contravenes a court order. It is important that you seek legal advice and assistance. Your lawyer can help you file a motion with the court to have the child returned to your state. Additionally, if the other parent refuses to return the child, your lawyer can help you take legal action to enforce parenting orders you have in place, so that your child or children are returned to your care.

Contact the Anumis Legal Family Law Dream Team now!

If you have a parenting arrangement in place and you are considering moving away with your children, it is important to speak with an experienced family lawyer who can help you understand how the move will impact your parenting arrangement.

We understand how emotional and sensitive issues regarding your child or children can be.  We are here to help you to navigate the process and ensure that your rights are protected, and the best interests of your children are at the heart of the sometimes-tough decisions that must be made.

If you live on the Sunshine Coast and want to speak to a law firm experienced in a wide range of Family Law matters, contact either Dr John Cronin or Nadine Love today on 07 5455 6347 to schedule your free initial consultation, now.