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Navigating life post-divorce can be complex, and when it involves children, decisions regarding their well-being require careful consideration, especially when it comes to relocation. Relocating after a divorce, particularly when children are involved, raises essential legal questions under Australian family law.
The Family Law Act sets out the law relating to children. Relocation cases are not dealt with under any separate legislation but rather the court has to rely on the usual parenting pathways set out in the Family Law Act.When it comes to relocating with a child, the Act emphasises the child’s best interests as the primary consideration.
If both parents agree to the move, relocating with your child generally proceeds smoothly. However, obtaining the consent of the other parent is critical.
If Consent Is Given: When both parents agree to the relocation, you can make the move without legal hindrance. However, it’s wise to document this agreement in writing, outlining the specifics of the new arrangements and any revisions to the existing parenting plan.
Seeking a New Parenting Agreement: If you wish to relocate, but the other parent does not consent, you may want to negotiate a new parenting plan that accommodates the move. In such cases, it’s beneficial to consult with a family lawyer to ensure the agreement aligns with your child’s best interests and the law.
When you cannot secure the other parent’s consent and a new parenting agreement proves elusive, the matter may escalate to court. In such instances, the court will consider numerous factors, including:
The court will make a determination based on these factors and the child’s best interests.
Relocating with your child after a divorce in Australia is a significant decision. It is crucial to understand the legal implications, navigate them effectively, and prioritise your child’s best interests. Seeking guidance from a family lawyer experienced in Australian family law can provide valuable insights and assistance throughout the process.
Relocating after divorce is a complex matter, but with the right approach and adherence to Australian family law, you can make informed decisions that prioritise the well-being of your child.
If you would like to discuss your personal circumstances with one of our experienced family lawyers, please contact our office today on 1300 244 342 or email us at admin@kingsfordlawyers.com.au.
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