Relocation

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If you or your partner are dual citizens or have any ties to an overseas country international parental child abduction could be something that you are worried about following a separation. International parental abduction would occur when one parent takes the child outside of Australia without the permission of the other parent, or without an Order of the Court.

If the child has been removed to a country which is a signatory to the Hague Convention then this international treaty provides a mechanism for seeking the return of the child who has been abducted from Australia. The is a complex process and will require the intervention of the Courts, involvement with international authority as well as many jurisdictional difficulties. 

If your child has been removed from the Commonwealth of Australia without your consent for the purpose of a permanent relocation, we recommend that you act quickly by speaking with one of our experienced family lawyers to discuss the key criteria and requirements involved in making an Application to the Court under the Hague Convention.  

RELOCATION

Following a separation, you may be considering relocating to another state or country for a multitude of reasons. If you have a child then before you make any decisions, or take any further action, you should go and speak to a family lawyer about your options and the best way to approach a potential relocation. 

If your child’s other parent objects to you relocating with the child, and attempts to negotiate and mediate fail, then you will need an Order of the Court permitting you to relocate with the child. This will involve an Application to the Federal Circuit and Family Court of Australia seeking Final Orders permitting the relocation. The Court will have regard to the unique circumstances of the family when making their determination and must be satisfied that the proposed relocation is in the best interests of the child and that arrangements are put in place for the child to be able to maintain a meaningful relationship with the non-relocating parent.