A member asked over 8 years ago

Relocation custody issues

I want to relocate 3.5hrs away from my current location with my 2 children aged 6 and 8yrs. My ex currently has the children every 2nd weekend and every 2nd Tuesday night. I made an offer to him where by the hours that he misses out on the Tuesday night could be made up by additional time at the weekend or in school holidays and he can have as much facetime as he likes. Problem is that he doesn't want me to move and in spite will not agree to anything other than the current arrangements or full custody. My earning capacity would be triple what it is if i moved and I would be able to work school hours caring for my children 100%.  Please help!

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. It sounds like you are in a difficult position. If you and your ex have previously been to court for consent orders or parenting orders in relation to the parenting arrangements for your children, then you must comply with those orders. Relocating your children to another town or city or interstate may breach those orders, in which case your ex could apply to the court to enforce the current orders and you may face penalties for breaching them. So it is best to reach an agreement or outcome with your ex before relocating your children.

If you cannot reach an agreement with your ex about relocating, you can apply to Court to change existing parenting orders or obtain new orders to allow you to move. The Court will consider the wishes of both parents and how it will affect the children. The decision of the Court will ultimately be made based on what is in the best interests and welfare of the children. Importantly, the Court may not grant permission for you to relocate.

Suggested way forward

Reaching an agreement without going to court is the least stressful and most straightforward option. Family Relationships Online (www.familyrelationships.gov.au) offers resources for family dispute resolution. If an agreement cannot be reached, you should consider speaking to a family lawyer who will advise you of your legal rights and the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 8 years ago   Legal disclaimer


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