Applying for Relocation Order
When a parent wishes to move with their child to a different location, and this move significantly affects the child’s relationship with the other parent, applying for a relocation order may be necessary.
A relocation order is a legal permission granted by the Family Court, allowing one parent to relocate with the child, usually after a separation or divorce.
The process requires demonstrating that the move is in the child’s best interests while considering the impact on their relationship with the other parent.
What is a Relocation Order?
A relocation order is a directive issued by the Family Court granting a parent permission to move with their child, whether it’s to a different city, state, or even country.
This type of order is needed when the proposed relocation would make it difficult for the other parent to maintain their usual parenting arrangements.
In deciding whether to grant the relocation, the court assesses several factors, including the child’s emotional well-being, the reasons for the move, and how it would affect the child’s relationship with both parents.
Key takeaway: A relocation order permits a parent to move with their child, with the court prioritising the child’s best interests and evaluating the potential impact on both parents.
Factors the Court Considers
The court carefully examines various factors when determining whether to grant a relocation order.
These include the reasons for the relocation, the distance involved, the child’s age and needs, and the current relationship between the child and both parents.
The court also evaluates whether the move would benefit the child in terms of education, lifestyle, or family connections.
The parent applying for the order must also propose realistic plans for maintaining the child’s relationship with the other parent, such as visitation arrangements or communication methods.
Key takeaway: The court evaluates the reasons for relocation, its impact on the child, and plans for maintaining the child’s relationship with both parents.
Need a Lawyer?
The Application Process
To apply for a relocation order, the parent seeking to move must apply with the Family Court, providing evidence that supports their request.
This includes outlining why the relocation is necessary, how it will benefit the child, and how they intend to ensure the child continues to have meaningful contact with the other parent.
The court will review the submission, often requiring mediation or family dispute resolution before progressing to a hearing. If the parties cannot reach an agreement during mediation, the court will make a final decision based on the presented evidence.
Key takeaway: The application process involves submitting evidence supporting the relocation and demonstrating efforts to maintain the child’s relationship with the other parent.
Mediation and Dispute Resolution
Before a relocation matter reaches court, parents are encouraged to attempt mediation or family dispute resolution.
These processes aim to help parents reach an agreement without legal intervention. If an agreement is made, the terms can be formalised through consent orders.
However, if mediation fails, the matter proceeds to court, where a judge will decide the outcome based on the child’s best interests.
Key takeaway: Mediation offers parents an opportunity to resolve relocation disputes outside of court, but if unsuccessful, the decision is left to the Family Court.
Court Hearings and Final Orders
If the relocation case proceeds to a court hearing, both parents present their arguments, and the court considers expert evidence, such as psychological assessments or reports about the child’s welfare.
The court then makes a final decision, balancing the child’s best interests with the rights and responsibilities of both parents.
Once the court issues a final order, both parties must follow it. Failure to comply with the order can result in legal penalties.
Key takeaway: A court hearing allows both parties to present evidence, and the final decision reflects the child’s best interests and ensures compliance by both parents.
Applying for relocation order can be a complex process. The Family Court focuses on the child’s best interests while considering the rights of both parents.
Factors such as the reasons for the move, the distance, and how the child’s relationship with the other parent will be maintained are all considered.
Mediation is encouraged to resolve disputes amicably, but the court will decide to ensure the child’s welfare when necessary.
