Relocation and mobility of children refers to when one parent wants to change the location of where a child lives. Being that relocation is a “change to a child’s living arrangements that make it significantly more difficult for the child to spend time with a parent”, it is one of the issues that falls under the umbrella of “major long term issues” of parental responsibility in Australian family law.
There is no specific section of the family law legislation in Australia which refers to relocation and mobility of children. The Family Court have made it clear that each case is to be determined in accordance with what is in the best interests of the child.
Bodekers Family Lawyers & Mediators have acted for and assisted parents in many relocation and mobility of children cases both within Australia and internationally.
Shannon Bodeker’s special interest is relocation and mobility of children. She completed her Honours thesis “The Freedom of Movement of Residential Parents (and others) subsequent to the Family Law Reform Act 1995 (Cth)” in this area. In 1998 she was involved in the landmark High Court case AMS v AIF; AIF v AMS (1999) FLC 92-852. Her thesis was cited by His Honour Justice Kirby in that case.