It is not uncommon for one or both parents to wish to relocate after a separation. If the relocation will not affect existing or proposed arrangements for children, it is less problematic. When it will affect those arrangements, these cases can be difficult to resolve with fairness to all parties involved.

Parents considering relocation should get legal advice. If one parent relocates without the other parent’s consent, the other parent (or person concerned with the care, welfare and development of the child) may apply to the Court for an order that the child be returned.

The Court has the power to order a child’s return if it determines that to be in the child’s best interests, and will often do so pending its determination. It is therefore advisable to obtain the other parent's consent and/or a court order permitting the relocation first.

An attempt at family dispute resolution is usually required before applying for parenting orders, including orders relating to relocation. See What needs to be done before applying?

Whilst the Federal Circuit and Family Court has ruled that relocation cases are not a separate type of case, in determining the best interests of a child, the following is a list of factors that may be considered. This list is by no means exhaustive as each case will be assessed individually according to the circumstances involved.