Child Relocation Perth

August 12, 2014 – at 3:41 am – by Bodekers Family Lawyers
Child Relocation Perth couple with child

Child Relocation Perth

Child relocation is when a parent wants to change where their child lives. If this change limits the access of other family members, you may need family law advice.

If you are planning on moving with children and the move will impact on the children’s other parent spending time with them, you may need to get the other parent’s permission or an order from the Family Court. If you already have an order from the Family Court that states that you cannot move or relocate you may need to seek legal advice.

The ability to move with your children will depend on where you want to move to and what plans you make for the other parent to see the child.

In Australia, the court considers the best interests of the child. It considers preserving relationships and cultural heritage an important part of a child’s development. Depending on their age, the Court may consider the child’s wishes in making a decision about their relocation.

Child Relocation Perth – Relocation in Australia

Relocation cases are complex. The top courts in Australia have carefully considered relocation cases. However, there is no section on relocation in the Family Law Act. You can read about the principles of child relocation as established in AMS V AIS (1999) here.

If you intend to relocate it is important that you seek legal advice. The effect of losing a case can be severe. Therefore you should seek advice from someone with a lot of experience.

Child Relocation Perth – How to Relocate

A parent attempting to relocate a child must validate to the Court that the move will be in the best interests of the child.

One way of relocating is by reaching an agreement. However, negotiation with former partners can be tough. If you cannot agree, you can apply to a court for orders. The court may not grant permission. The court will consider the best interests and welfare of the children.

You should ensure that an agreement or orders are in place before you move. Otherwise, if you move without orders, a court may require you to return. This can be stressful and expensive.

You can read more about pre-action proceedings in child relocation here.

This not legal advice. If you plan to relocate you need to seek proper legal counsel.

Child Relocation Perth – Do I Always Need Permission?

Not all moves need permission. For example, some short-distance moves don’t require permission. If a move does not affect the other party, that party may not do anything about it. This is usually if the move does not affect the time your child spends with them. However, there may be orders in place to stop you from moving. You should be aware of this when planning. The effects of breaching orders can be severe.

If you plan to move interstate or overseas you should consult a family lawyer. We recommend someone with significant experience.

Child Relocation Perth – Going to Mediation

Reaching agreement on child relocation is difficult. Parents can attend mediation style conferencing or other forms of alternative dispute resolution. We can represent you at mediation or facilitate your mediation style conference. Further, we can help you form an arrangement that will enable children to spend significant time with both parents, grandparents and family, even if they relocate with a parent.

Child Relocation Perth – International Child Relocation

Sometimes people want to relocate overseas. Getting permission to relocate overseas with your child is difficult. Once again, the court will consider the child’s best interests. International relocation can limit access to parents or grandparents. This is usually not good for the child.

However, there may be times when it is best. A good example is a recent case. A wife made some serious but unfounded allegations. The allegations were of violence and abuse at the hands of the husband. The court took a dim view of her false allegations. They found that the wife posed a risk to the child’s relationships. They found that it was in the child’s best interest to live with the father. This was despite him being overseas.

Child Relocation Perth – Parenting Plans

A parenting plan is a written agreement between parents. It covers parental responsibility and can influence whether or not a child can be relocated. Further, it puts the best interests of the child first. It should be considered a commitment to your children and their future.

While a parenting plan is not legally enforceable, it can have legal implications. A parenting plan can take any form. Under the Family Law Act, it must be made free from any threat, duress or coercion. It must be in writing and signed and dated by both parents.

You can submit your parenting plan to the court. The details are then built into a parenting order. This gives it the same legal effect as an order made after a Court hearing.

Child Relocation Perth – Parenting Orders

It can be very difficult to reach an agreement with a partner. In this situation, you may need to get a parenting order. The Family Court does this. After considering the best interests of the child the court will issue a parenting order. Parenting orders can deal with a variety of issues. This includes the circumstances around a parent relocating with a child.

You may ask the court to rule on specific issues or a large range of issues. A basic set of parenting orders can cover who a child lives and who has responsibility for them.

If you have parenting orders in place that allow a person access to your child, you should not do things to prevent that access. For example, unless the other person agrees, you should not relocate with a child in a way that restricts this access.

Child Relocation Perth – Location Orders

Sometimes a parent moves a child without permission. Often, they do not inform the other parent.  A court may then issue a location order. This has a third party give information on the child’s location. The third party can be Centrelink or the Australian Federal Police. The court may request that the third party return the child to the other parent.

Child Relocation Perth – Recovery Orders

A Recovery Order is an order of the Family Court. It can be used in cases of child abduction or relocation without permission from the other parent. A Recovery order directs a person/s to find, recover a deliver a child to a person. A police officer may be the person to carry out a recovery order.

Child Relocation Perth – Relocation and Family Violence

In deciding whether or not a child can relocate, the Court makes an Order that is consistent with any family violence order. The Court ensures that the child will not be exposed to an unacceptable risk of family violence that is in conflict with their best interests.

If you are experiencing family violence and want to relocate with your child, you may need to seek an Order from the Court. The Court considers how to protect the child from physical and psychological harm. Therefore, history of or ongoing family violence is relevant in relocation cases.

Child Relocation Perth – Bodekers Family Lawyers and Mediators

At Bodekers we have acted for and assisted many parents with child relocation. Many of these cases have been either interstate or international. Legal Practitioner Director Shannon Bodeker handles all relocation cases. This ensures you are getting the best advice for your situation.

Shannon Bodeker’s special interest is child relocation. She completed her Honours thesis in this area. In 1998 she engaged 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. Shannon has over 20 years of experience. She knows and understands the latest trends in family law. She can help secure the best result for you and your family.

Contact Bodekers by phone (08) 9323 7711 or email shannon@bodekers.com.au for your first appointment at a reduced flat rate. We look forward to hearing from you.