After separation, life often changes. You might get a new job, want to move closer to family, or simply need a fresh start. But what happens if you want to move house or relocate with your children—and the other parent doesn’t agree?

Under Australian family law, this kind of move is called relocation, and it’s a serious issue. You can’t just pack up and leave if the move affects your child’s time with the other parent.

This page explains what the law says, what your options are, and what happens if there’s a dispute.

What Counts as Relocation?

Relocation means moving to a new place that makes it hard—or impossible—for the child to keep spending time with the other parent.

This could mean:

• Moving to a different town or city

• Moving interstate

• Moving overseas

Example:
Sarah wants to move from Melbourne to Brisbane to be closer to her family. Her ex, James, sees their son every weekend. If she moves, that routine would be disrupted. This is considered relocation.

Can I Move Without the Other Parent’s Permission?

If there’s a parenting order or plan in place, no—you can’t relocate your child without the other parent’s agreement.

If you move without consent, the court can:

• Order the child be returned

• Change parenting arrangements

• View your actions as going against the child’s best interests

What If the Other Parent Says No?

You can apply to the Family Court for permission to relocate. The court will look at:

• The reasons for the move (e.g. family support, work)

• The impact on the child’s relationship with the other parent

• Practical alternatives (e.g. longer school holidays with the other parent)

• The child’s views (if old enough)

• Whether the move is in the child’s best interests

Example:
Ben applied to move with his daughter to a rural town for a job. The court denied the move, finding it would disrupt the child’s stable relationship with her mother and school life.

What If I’m the Parent Being Left Behind?

If your co-parent wants to move and you don’t agree, don’t wait—get legal advice and respond quickly. You may be able to:

• Negotiate new arrangements

• Attend mediation

• Apply for a court order to stop or limit the relocation

Tips for Avoiding Conflict Over Relocation

• Talk it through early—before decisions are made

• Use mediation if needed

• Be child-focused: how will this affect their stability, schooling, and support network?

Final Thought

Relocating after separation is a big step—and the court won’t take it lightly. Always plan carefully and put the child’s best interests first.

At Aussie Divorce, we explain how relocation works under family law—in simple language—so you can move forward with confidence, whether you’re planning a move or facing one.