Relocation and Overseas Travel with Children

Legal Guidance on Moving or Traveling with Children After Separation

When parents share parental decision making, major decisions about their children such as where they live – should be made together. While the Family Court cannot order a parent to live in a specific location, it can decide whether children should remain in their current location or relocate, based on their best interests.

If you are considering moving with your children or if your co-parent has relocated them without your consent, our experienced Gold Coast family lawyers can provide legal guidance, negotiate on your behalf, or represent you in Court.

Relocating with Children – What You Need to Know

If you wish to relocate with your children, you must first:

• Discuss the relocation with the other parent and seek agreement on new care arrangements.
• Consider mediation if direct discussion is not possible or safe.
• Apply to the Family Court if no agreement is reached, as relocation without consent may lead to legal action.

If relocation is disputed, the Family Court will make a final decision based on what is in the best interests of the child.

Key Considerations for Relocation Applications

When deciding on a relocation case, the Family Court considers:

• Children’s Wishes – The child’s views may be considered depending on their age and maturity (without directly involving them in adult decisions).
• Parental Relationships – How the move will impact the child’s relationship with both parents.
• Education & Social Life – The effect on schooling, extracurricular activities, and friendships.
• Distance & Practicality – How feasible it will be for the non-relocating parent to maintain a meaningful relationship with the child.

If you’re considering relocating, speak to our family law team to understand your legal rights and responsibilities before making any decisions.

What to Do If Your Child Has Been Relocated Without Consent

If the other parent moves your child without your permission, you can apply to the Family Court for an urgent order to have them returned.

Urgent Legal Action:

• You don’t need ongoing parenting proceedings to apply for a recovery order.
• The Family Court can issue an order for the child’s return.
• Authorities such as the Australian Federal Police and state police may be involved in enforcing the order.

If you are in this situation, contact us immediately for urgent legal assistance.

Overseas Travel with Children After Separation

Planning an overseas holiday with your child? To avoid legal complications, consider the following:

• Communication with the Other Parent – If you share parental responsibility, inform the other parent about your travel plans and any changes to care arrangements (e.g., phone contact).
• Existing Parenting Orders – If you have ongoing parenting proceedings, you cannot travel overseas with your child until final orders are made.
• Court Orders & Travel Restrictions – If final parenting orders exist, ensure they allow overseas travel before booking flights. If unsure, our team can review your legal position.

If you’re unsure about your legal rights regarding overseas travel, we can help clarify your obligations and options.

Need Legal Advice on Relocation or Overseas Travel? Contact Us Today

If you are considering moving or traveling with your child, or if your child has been relocated without consent, our Gold Coast family lawyers can assist with legal negotiations, mediation, and Court applications.

Contact Robbins Watson Solicitors today to schedule a free initial consultation with one of our experienced family lawyers. 

To book an appointment, you can:

• Call us on 07 5576 9999
• Book an appointment online by clicking here
• Fill out our online enquiry form by clicking here

Alternatively, you can get started online now.