icon

Explore True Cases, Judge Rulings and Law Firms.

Empower Your Decisions, Enlighten Your Research.

Free
Consultation Guidelines
Similar Case
Law Firm's Insights
Relative FAQs
In Sydney, Australia.The children have been living with me since me and my partner separated and I want to move out of the local area. Can I just go with the children or do I need the other parent’s permission?

Parental Responsibility and Legal Requirements

1. Parental Responsibility

Both parents generally share parental responsibility unless a court has ordered otherwise. This includes making major decisions about the children’s lives, including where they will live.

2. Relocation with Children

If you want to move with your children and the move will significantly affect the current parenting arrangements (such as visitation schedules), you typically need the consent of the other parent.

Steps to Take Before Relocating

1. Discuss with the Other Parent

Communicate your intentions to move with the other parent. Try to reach an agreement about the relocation and any changes to parenting arrangements that might be necessary.

2. Mediation

If you cannot reach an agreement through discussion, consider attending mediation. Mediation services can help facilitate a discussion and negotiation between you and the other parent.

3. Legal Advice

It’s advisable to seek legal advice from a family lawyer who can provide guidance based on your specific circumstances. They can help you understand your rights, obligations, and the legal implications of moving without the other parent’s consent.

Court Involvement

1. Court Order

If you cannot obtain the other parent’s consent and you still wish to move with the children, you may need to apply to the Family Court of Australia or the Federal Circuit Court for permission to relocate.

The court will consider various factors, including the best interests of the children, the reasons for the proposed move, the impact on the children’s relationship with the other parent, and any alternative arrangements proposed by the other parent.

Best Interests of the Child

1. Primary Consideration

The court’s primary consideration in such matters is always the best interests of the children involved. This includes maintaining meaningful relationships with both parents, stability, and continuity in the children’s lives.

Important Legal Concepts

1. Relocation: Moving with children after separation can be considered relocation if it impacts the current arrangements significantly, even if it’s within the same city or local area.

2. Consent vs. Court Order: While consent from the other parent is preferred, a court order can authorize the relocation if it is deemed to be in the best interests of the children.

Suggestions

  • Open Communication: Try to maintain open and constructive communication with the other parent throughout the process.
  • Document Discussions: Keep records of any discussions, agreements, or attempts to reach an agreement regarding the relocation.
  • Legal Guidance: Given the complexities involved, seeking legal advice early can help you navigate the process and understand your legal rights and obligations.

If you have further questions or need clarification on any point, feel free to ask.

Legal Link Finds Similar Case Law for You
Law Firm's Insights
Date
8 March 2016
Place
SYDNEY
Appellant
Karras Partners Lawyers
Judge
RYAN,ALDRIDGE,LE POER TRENCH
Highlights
1. The father has parenting responsibility for R from Monday to Friday from 7.00am to 6.00pm, and from 10.00am to 9.00pm on weekends, excluding statutory and public holidays. This parenting arrangement will commence on 1 July 2014 and will continue until the child reaches 18 years of age or until the parties agree to change it; 2. The mother has parenting responsibility for S from Monday to Friday from 7.00am to 6.00pm, and from 10.00am to 9.00pm on weekends, excluding statutory and public holidays. This parenting arrangement will commence on 1 July 2014 and will continue until the child reaches 18 years of age or until the parties agree to change it; 3. The mother has primary residential responsibility for T from Monday to Friday from 7:00am to 6:00pm, and 10:00am to 9:00pm on weekends, excluding statutory and public holidays; 4. The father is entitled, subject to the orders dated 25 June 2014, to Spending Time with the Children at weekends (on one day every two weeks) in accordance with his parenting schedule as set out in paragraph 2 above; 5. During school terms (which start on 1 September), each party is responsible for the children's education (subject to the terms of any relevant educational agreements between the parents or relevant authority). In addition, each party is responsible for settling their own school fees/tuition; 6. There is no overnight stay with either parent without the other parent's agreement; 7. Any dispute between parent about matters relating to the children shall be resolved by mediation or conciliation before a Family Dispute Resolution Service ('FDR') provider nominated by each party; 8. If after attempted mediation or conciliation a dispute cannot be resolved through these services then either party may apply to the Court for a hearing; 9 .The father shall pay maintenance of $25 per week plus GST unless there is agreed financial provision in writing by both parents; 10 .The father shall pay all reasonable travel expenses incurred by either parent in connection with his role as a parent (excluding any costs associated with relocation); 11 .The parties shall cooperate in arrangements for holidays/festivals/special occasions such as birthdays etc.; 12 .Any agreement made between parents about care of children must be recorded in writing and signed by both parents before it comes into effect; 13 .If there is a change of address for one
Judgment
The text of the judgment is as follows: That the appeal be dismissed. That the father pay the costs of the Independent Children’s Lawyer in the amount of $2,871.00 within 28 days. That the application of the Independent Children’s Lawyer that the mother pays half those costs be dismissed. That within 14 days the mother file and serve an affidavit addressed to rule 19.08(3) of the Family Law Rules 2004 (Cth), together with written submissions (if any) arising therefrom. That within 14 days of service of the affidavit referred to in the above order, the father file and serve written submissions in reply (if any).

Valuable Law Firm's Insights for you

Please note: These law firm's insights are not personalized legal advice. For personalized guidance, kindly consult a law firm.

Can parents decide on child custody arrangements without going to court?

Parents can make their own arrangements through a parenting plan or consent orders, but these arrangements must still be in the best interests of the child. 1.A parenting plan is a written agreement between parents that outlines the arrangements for their child's care, including living arrangements, schooling, and contact with each parent. 2.Consent orders are legally binding orders made by a court, based on an agreement between the parents, that outline the arrangements for the child's care.

Law Firm's Insights From  Lawren Legal

Can a child choose which parent they want to live with?

The views of a child are taken into account, but the final decision about custody is made by the court based on the best interests of the child.

Law Firm's Insights From  Lawren Legal
Other FAQs You may Interested In
1. In Sydney, Australia. Can children make their own decision about where they want to live?2. I’m in Sydney and have divorced my husband. We have a child, and custody was awarded to him. However, he’s not letting me see our child and has moved without notifying me. What should I do if I want to see my child?3. I am living in Sydney, Australia. I want to end my relationship but my ex-partner won’t move out of the house that we own. What can I do?4. I am living in Sydney, Australia.We have just separated and disagree about arrangements for the children. What should we do? 5. I am living in Sydney,Australia. Do we have to go to court to discuss our parenting arrangements?
Microsoft for Startups Microsoft for Startups
UTS StartupsUTS Startups
Explore True Cases, Judge Rulings , and Law Firms.Empower Your Decisions, Enlighten Your Research.