Due to the emotionally charged complexity of relocation cases, they can be quite problematic.
A relocation dispute in the context of parental separation is often one of the most painful areas of litigation. Almost consistently both parents are committed and loving parents whom simply are pulled by life and circumstance in two very disparate geographic directions. Whether it is to another town, state or country, relocation can have profound effects on all parties involved, including most importantly a child.
Following a separation many parents will move to another town, city or even country. There is very little restriction, per se, on the rights of an adult to live where they choose. A `relocation’ dispute emerges where the relocating parent believes that the child of the relationship is best placed with them in the new location, and the other parent disagrees.
If one parent wishes to relocate with a child and both parties cannot come to an agreement, the Court will ultimately have to make a decision in regards to the child’s living arrangements.
There are numerous factors that the Court will take into consideration when determining whether to allow children to relocate with a parent after the breakdown of the relationship.
Despite the specific proposals of the parties, the Court is at liberty to consider any arrangement for the child assuming that, on the evidence available, the outcome is in the best interests of a child and reasonably practicable.
It is important that if you, or the other party, are considering relocating that you seek advice fast. Our family lawyers in Brisbane, Toowoomba and Ipswich can provide you with appropriate advice in relation to all your relocation queries, including relocation outside Australian borders.