Family Law: Can I relocate?

This is a vexed question and is becoming more frequently raised in parenting cases given the housing costs in Sydney and the greater portability of our work.
In the context of a parenting dispute the question of whether one parent can relocate with the children will ultimately be determined by addressing what is considered to be in the “best interests” of the children. This will take into account a number of considerations including the children’s relationship with each parent, the reasons for the parent seeking to relocate and the arrangements proposed for the children to continue to spend meaningful time with the other parent.
Frequently parents take the risky approach of relocating children without notice to the other parent, perhaps assuming that once in place those arrangements will be difficult to unravel. This can lead to disastrous outcomes, often resulting in the parent being required to return to the area from which they relocated until a final hearing which may not take place for a year or more.
Should you be considering relocating you should obtain competent legal advice which is likely to guide you towards making a full disclosure to the other parent of your intentions, seeking their consent to the new arrangements and in the event that consent is not forthcoming making an application to an appropriate court for permission to relocate. This can often be done on an interim basis if there is a degree of urgency in the need to relocate.
The alternative of taking precipitous action often leads to greater disputation and expense, and a poor outcome.