We’ve separated. Can the kids and I move now?

After separation, many people want to move and for many different reasons. If you have children, whether or not you can move will depend on various factors, including the distance, and the reasons for the move.

While you may want to distance yourself from your former partner, you cannot alone make that decision for the children.

If both parents live in the same town with the children, particularly if it is the place where the family has lived for some time, one parent cannot simply move with the children. You should get the consent of the other parent, or seek orders from the Court.

The Court will consider the children’s need to have a relationship with both their parents. If one parent moves away, this makes it difficult for the other parent, particularly if the move is a considerable distance. You need to consider how the other parent will have continued time with the children.

Often, one parent wants to move to the town in which they have family members who will support them and their children. This often seems like a natural thing to do. However, this may leave the other parent unable to have their regular time with the children, and the Court may find that it is not in the children’s best interest.

If you move without seeking a court order, the other parent can apply to the Court for a recovery order. This is an order for the police to return the children.

I have had several of these matters recently. In one, a mother moved about 480km from the town in which the family had resided. The mother’s parents and friends lived in the town to which she moved. She desperately wanted support. She signed a lease and the children started school. The father applied for a recovery order and the Court ordered that the children return to the town from which the mother moved. She then had to break the lease and pay for another move. Of course, it was extremely stressful.

This is a very difficult decision for a parent to make, and a very difficult situation to accept if an order is made against a move. However, it is much better to address the issue before moving, than to move and then have an order made to return.

There are many situations where one parent moving with the children is allowed, and is preferable.

So if you want to move, think carefully and seek legal advice.

Contact us today to discuss your options.