Being the parent your child mainly lives with does not give you blanket permission to move interstate with them. The answer depends on existing orders, decision-making responsibilities, safety and the effect on your child’s relationship with the other parent and important people in their life. If a proposed move would substantially change parenting arrangements, obtain advice before changing the child’s residence.
Where it is safe to do so, discuss a detailed proposal and try to reach an agreement. If agreement is not possible, the Court can decide the parenting arrangements, including whether the child may relocate. A move made first can lead to an order requiring the child’s return while the dispute is decided. The Court’s relocation guidance explains this risk.
If there is immediate danger, call 000. Where family violence or a threat to safety is involved, get urgent legal and safety advice; direct negotiation may be unsafe or inappropriate.
A holiday relocation and overseas travel are different
| Proposed travel | Main issue to check |
|---|---|
| Interstate holiday | Dates, return arrangements, any travel conditions and whether the trip interferes with existing parenting orders |
| Permanent interstate move | The child’s residence, schooling, long-term care and practical ability to spend time with the other parent |
| Overseas travel or relocation | Additional rules about departure from Australia, consent, passports and overseas retention |
A short trip can still breach an order if it prevents the other parent’s time or conflicts with a condition. Conversely, crossing a state border is not the only move that can raise relocation issues: moving within Victoria may substantially affect the child’s arrangements. The practical effect matters, as well as the destination.
This article concerns changes of residence. Overseas travel involves separate legal requirements and should be addressed with specific advice. The Family Law Watchlist concerns departure from Australia; it is not a general mechanism for preventing domestic interstate travel.
Read the orders before making plans
Find the sealed copy of every current parenting order, including later variations and any interim orders. Check what they say about where your child lives, time with the other parent, travel, school attendance and decision-making. Also identify relevant intervention orders and any existing parenting plan.
Do not assume that an order about decision-making gives permission to disregard an order about time. An order allocating one parent responsibility for an issue must be read alongside the rest of the arrangements. Older orders also remain important: changes to the parenting legislation did not simply erase existing orders.
Under section 61CA of the Family Law Act, parents are encouraged to consult about major long-term issues when safe and subject to court orders. That encouragement differs from an order providing for joint decision-making. Section 61DAA requires consultation and a genuine effort to reach a joint decision about an issue covered by such an order. A change to living arrangements that makes it significantly harder for a child to spend time with a parent is a major long-term issue.
If there are no orders, there is still a potential parenting dispute. The absence of a written restriction is not a reliable basis for assuming the Court will accept a unilateral move.
Prepare a proposal built around your child
Explain why you propose moving and what life would look like for your child. A general statement that the new city offers a better lifestyle gives the other parent little to assess. Provide practical details where available, while obtaining advice about protecting confidential information if safety is a concern.
Your proposal should address:
- Housing and the proposed starting date, including any temporary arrangements.
- School or childcare options and support for a change in learning environment.
- Each parent’s work arrangements and who would care for the child day to day.
- Family, community and cultural connections in both places.
- Time with the other parent during school terms and holidays.
- Travel frequency, journey length, supervision and who would pay.
- Telephone or video contact, allowing for the child’s age and routine.
- Health care, therapies and other support the child needs.
Check the proposal against an actual calendar and realistic travel arrangements. A child may struggle with frequent long journeys even when the tickets are affordable. Consider how cancellations, illness and school events would be handled. Video calls may help maintain contact, but they do not answer every concern about losing ordinary time together.
If you oppose a move, identify the parts of the proposal that would affect your child and explain workable alternatives. Evidence about the child’s routine and needs is more useful than simply objecting to the other parent’s reasons.
Reaching and formalising an agreement
Family dispute resolution may help parents work through the proposal. Suitability and safety must be considered first. In most cases a person applying for parenting orders needs a section 60I certificate, unless an exception applies. Exceptions can include urgency or circumstances involving family violence or child abuse. The Court explains family dispute resolution and exceptions.
When you reach agreement, document the details rather than relying on a brief message saying the move is acceptable. A parenting plan records an agreement but is not itself enforceable as a court order. Consent orders can provide enforceable arrangements if the Court makes them. Obtain advice about how a new agreement interacts with existing orders and whether variation is needed before the move.
Avoid signing a lease, enrolling a child or booking non-refundable travel on the assumption that agreement will follow. If a genuine deadline is approaching, tell your lawyer early. A job offer or housing opportunity does not determine the parenting outcome by itself.
What the Court considers if you cannot agree
The child’s best interests are the paramount consideration. The current statutory factors include safety, the child’s views, developmental and other needs, the capacity of proposed carers and the benefit of safe relationships with parents and other significant people. Aboriginal and Torres Strait Islander children have additional considerations concerning connection with culture. These matters require individual evidence, rather than a points-based checklist.
In a relocation dispute, practical questions may include the effect of changing schools, separation from siblings or other important people, the support available to the child and each parent, and whether the proposed time arrangements are workable. The reasons for moving and the alternatives are considered in the context of the child’s circumstances. There is no automatic result because one parent has been the main carer or because the other parent objects.
Children should not be asked to choose between parents or coached about what to say. If the child’s views are relevant, obtain advice about how they can appropriately be put before the Court.
If departure is imminent or the child has already moved
Seek urgent family law advice and provide the proposed departure date, destination, current orders and the evidence of the intended move. Depending on the circumstances, an application may seek urgent interim parenting orders preventing a relocation, requiring a return or addressing where the child lives while proceedings continue.
If a child is missing or has not been returned, a recovery order or a location-related order may be relevant. Eligibility and the orders needed depend on the circumstances; a recovery order is not an automatic response to every disagreement about travel. The Court’s recovery order guidance explains the available process.
If you have already moved, get advice promptly about the existing orders and response required. Do not assume the move has settled the issue. If you stayed behind, do not attempt to resolve the dispute by taking the child yourself. Preserve messages and other relevant records, and explain any immediate safety concern to your lawyer or emergency services.
Arrange an appointment
If you are planning an interstate move or responding to one, arrange an appointment with The Family Lawyer. If departure is imminent, call the office and explain the date and urgency. Bring your current orders and the proposed arrangements so advice can focus on the next decision affecting your child.