What Are The Rules for Child Relocation?

June 6, 2016 – at 4:33 am – by Bodekers Family Lawyers

In AMS v AIS (1999) FLC 92-852, one parent wanted to relocate with the child of the relationship.

    That case set out the following principles to be followed for child relocation:

  1. The court cannot determine the issue in a way that separates the issue of relocation from that of residence and the best interests of the child.
  2. Parents don’t need to show compelling reasons for or against the relocation.
  3. The best interests of the child are to be evaluated taking into account the legitimate interests of both parents.
  4. Neither the applicant not respondent bears an onus of proof.
  5. The court is not obliged to ignore the legitimate interests and desires of the parents just because the child’s best interests are paramount, though the child’s welfare and rights must be given priority.
  6. Where a parent proposes changes to residence or contact arrangements with the child, they must demonstrate that doing so would be in the child’s best interests.

Child relocation matters can be very complex. We therefore recommend you seek legal advice from one of our very experienced Perth custody lawyers. We invite you to discuss your particular matter with our Legal Practitioner Director, Ms. Shannon Bodeker, who has been working in family law for over 20 years and has High Court experience in child relocation.

Prior to your first appointment, you may send us an email, fax or similar, outlining your situation in as much detail as you like. This information will be read on a complimentary basis prior to your first family law appointment. We get to know you and your family law matter before we meet.

Please note this is not family law advice. It is important to seek advice specific to your circumstances. We are very experienced Perth family law solicitors and can provide you with the very best legal advice regarding child relocation

Email our Legal Practitioner Director, Shannon Bodeker at info@bodekers.com.au, for your complimentary pre-read and first appointment at a reduced rate.