In Australian family law, a mother – or any parent or legal guardian – may wish to relocate a child following separation or divorce for various reasons, including employment opportunities, family support, or starting over.
However, relocating with a child is not a decision one parent can make unilaterally if the other parent shares parental responsibility. Disputes about relocation or parenting arrangements can often be addressed through Family Dispute Resolution before resorting to court.
The relocation of a child, whether it’s a short move within the same state, an interstate move, or an international relocation, is a complex area governed by the Family Law Act. The Federal Circuit Court Family Court of Australia may need to be involved if the other parent’s permission is not obtained, especially where the move affects the child’s ability to spend time with both parents.
What the Law Says About Child Relocation
Under Australian family law, relocating a child is considered a major long-term decision and typically requires the agreement of both parents if there is equal shared parental responsibility. Even if a mother is the primary carer or custodial parent, this does not automatically grant her the right to move a child away from the non-relocating parent.
When parents separate, they retain parental responsibility unless altered by a court order. This includes the duty to consult one another on significant matters affecting the child’s life, such as changes in schooling, living arrangements and relocation.
Types of Relocation: Short, Interstate and International Moves
The distance of the move will also influence how the courts consider it. A shorter move will be less likely to impact time with both parents, which is often a key factor related to moving.
Short Moves
If the proposed relocation is within the same city or region, such as 20 to 30 minutes away, and does not disrupt the child’s routine or affect the other parent’s ability to maintain a meaningful relationship with the child, it’s usually not a legal issue. However, even short moves should be discussed if they impact schooling, travel time, or contact arrangements.
Interstate Relocation
An interstate move, especially to a distant state, can significantly impact parenting arrangements and the child’s ability to spend time with the other parent or extended family. If the parents do not agree, the relocating parent must seek court approval through a relocation order. The court will evaluate whether the move supports the child’s best interests.
International Relocation
International relocation is a much more serious legal matter. If one parent seeks to move the child overseas, the court will decide whether the move is in the best interest of the child’s well-being and safety and whether proper arrangements exist for maintaining the child’s relationship with both parents.
How the Court Assesses Relocation Cases
The Family Court or Federal Circuit Court will always prioritise the best interests of the child, as outlined in the Family Law Act. The court considers several key factors when assessing whether to grant permission to relocate a child, including:
- The child’s relationship with both parents and other family members
- The ability of the non-relocating parent to maintain a meaningful relationship
- The child’s views, depending on the child’s age and maturity
- Any risks of physical or psychological harm, including exposure to family violence
- The reason for the proposed relocation includes access to family support or financial support
- The practicalities of maintaining contact through school holidays, virtual communication or travel arrangements
- The impact of the relocation on the child’s education, routine and overall quality of life
The Child’s Age and Relocation Decisions
A child’s age can significantly influence whether a relocation will be permitted. While the court’s decision primarily considers the child’s best interests, their age and stage of development shape how those interests are assessed.
For younger children, the court often places high value on maintaining frequent and meaningful physical time with both parents, as these relationships are still forming. A relocation that limits regular face-to-face time with one parent may not be considered in the child’s best interests unless there are strong safety or welfare reasons.
With older children, especially those aged 12 and above, the child’s views may be taken into account, depending on their maturity. If a teenager strongly opposes or supports the move, the court will carefully consider their reasons, particularly if they are well-articulated and not influenced by one parent. However, a child’s opinion is not the deciding factor. It is one of several elements the court weighs when considering the relocation’s impact on the child’s life, education, emotional development and relationships.
If the Other Parent Disagrees
If parents agree, a relocation can be formalised in a consent order or parenting plan. However, if the other parent objects and parents cannot agree, the relocating parent must apply to the court for a relocation order.
Attempting to move without the other parent’s consent or without a court order permitting relocation may be considered unilateral relocation and could result in court proceedings. In some cases, the court may order the child returned to the original location.
Maintaining the Child’s Relationship with the Other Parent
If a relocation is approved, whether through agreement or a court order, the court will expect a detailed and practical plan for how the non-relocating parent can continue to spend time and maintain a meaningful relationship with the child.
This may include:
- Extended time during school holidays (e.g. half or all of the holidays)
- Regular phone calls or video chats, sometimes multiple times per week
- Virtual time for special occasions, such as birthdays, school events or cultural celebrations
- Travel arrangements, including which parent pays for flights or accommodation
- Shared time with extended family members to support continuity of care and connection
The more thoughtful and realistic the plan, the more favourably the court may view the relocation. Demonstrating that the relocating parent has actively considered the child’s relationship with the other parent and has concrete steps to support it can influence the court’s decision on whether to allow the move.
Family Violence and Relocation
If domestic violence or safety concerns are present, the situation changes. A mother may need to relocate urgently to protect herself or her child from harm. In such cases, seeking legal advice is crucial, and interim parenting orders or protective orders may be needed. The court will consider whether the move was necessary and whether the relocation serves the child’s best interests.
Legal Options and Next Steps
If you’re considering relocating with your child or your ex-partner has indicated they want to move:
- Try to reach an agreement with the other parent through mediation or Family Dispute Resolution
- Seek help from experienced family lawyers who can advise you on your legal options
- If needed, apply for a parenting order or relocation order through the court
- Don’t move without court approval if there’s shared parental responsibility or an existing court order
Conclusion: Can a Mother Relocate a Child?
A mother may be able to relocate a child under certain circumstances, but only through the proper legal procedures, the other parent’s permission or a court order. The court will look at the entire family situation, including the child’s relationships, routine, schooling and overall wellbeing. Every relocation case is unique and must be handled with care, especially with regard to a child’s best interests.
If you are facing a child relocation matter, seeking legal advice early or exploring Child Inclusive Mediation is essential to protect your rights and support your child’s future. Our team provides comprehensive advice, mediation services and family court representation for all family law matters, including relocation. Get in touch today for a chat about how we can help.