If you are planning on moving with your children and it will impact on the other parent or other family members spending time with the children, you need to get family law advice.
In most cases, permission from the other parent will be required. West Coast’s Family Law team can represent you at mediation or alternative dispute resolution to help reach an agreement for you to relocate.
If the other parent objects to you moving, you may need to make an application to the Family Court.
The Court may take a number of factors into consideration, including:
- whether the move is in the best interests of the child;
- where you are moving to and what arrangements can be made for the other parent to spend time with the child; and
- depending on their age, the wishes of the child.
If you move without orders and the other party makes an application to the Family Court, the Court may order you to return the children. This can be very stressful on you and the children, as well as very expensive. If there are already orders in place that state that you cannot move or relocate the children, then you should seek legal advice as you may find yourself in breach of court orders.
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Teresa Sutherland
Partner/DirectorHello, I place the highest priority on giving you personalised service and to care and listen to your needs. I am also committed to avoid unnecessary expenses and protracted court proceedings by facilitating mediation services through negotiation.
Teresa Sutherland
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I highly recommend them to anyone seeking assistance with any family legal matters. They are very professional, attentive and caring team who manage to achieve a very successful outcome. Thank you
Everything has gone smoothly, and everything was resolved in a timely fashion.
Tannis was so understanding and accommodating. During this emotional and stressful process she made it easy for me. I highly recommend Tannis and the team.
If you wish to relocate overseas, it is critical you seek advice from an experience family lawyer prior to moving.
Our renown and respected family lawyers are experienced in international relocation matters and will work with you to obtain a long term and realistic outcome that is in the best interests of your child.
Tannis Arnold
Partner/DirectorHello, I know it can be a stressful and worrying time for you when going through a divorce or separation. I am committed to providing you with personalised and effective advice. I am also passionate to obtain the best outcome for you at a cost effective and affordable price.
Tannis Arnold