Can I Move Away With My Child? Relocation Law in Australia

Parental relocation—the act of moving a child to a new location that significantly impacts their contact with the other parent—is a high-stakes area of family law. In this episode of the Australian Family & Fertility Law Podcast, Bruce Provan, Managing Director of Page Provan, dives into the complexities of relocation disputes and how the court determines the "best interests of the child" in these life-changing scenarios.

Bruce clarifies that while relocation is not a separate category under the Family Law Act, it requires a unique holistic assessment. He explains the dangers of unilateral relocation and the role of interim hearings where evidence is limited to affidavits. Listeners will gain insight into the evidentiary requirements for a successful relocation proposal, including schooling, travel logistics, and the preservation of the child's relationship with the non-relocating parent. Bruce also discusses the landmark High Court decision of MRR v GR, highlighting why a parent’s mental health and the reality of their living conditions are critical factors that the court must not ignore.

In This Episode:

• Defining relocation: From moving across the city to moving across the globe.
• The consequences of moving without consent or a court order.
• How domestic violence allegations impact relocation applications.
• The procedural differences between interim and final hearings.
• The 8 key factors a judge considers when weighing a relocation proposal.
• Why there is no requirement for "compelling reasons," but reasons still matter.
• Understanding the role of the Family Report and Independent Children's Lawyer.
• A deep dive into the MRR v GR High Court case.

For expert assistance with relocation and parenting matters, visit our website: https://pageprovan.com.au/

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