Australian Family and Fertility Law
Australian Family and Fertility Law
Relocating with children: what Australian family law requires
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Under Australian family law, a parent who wants to relocate with their children — whether interstate or overseas — generally needs the other parent's consent, or risks having to fight the move through court. In this episode of the Australian Family and Fertility Law Podcast, Bruce Provan, Managing Director of Page Provan Family and Fertility Lawyers, breaks down how relocation cases actually work and what parents need to know before making a move.
Bruce explains that relocation cases apply when a parent wants to move a considerable distance with their children — not simply across suburbs — and that the court's decision always comes down to the best interests of the child. He covers what happens if consent isn't given, what a court can order if a parent relocates without agreement, and why overseas moves involve an extra layer of complexity through the Hague Convention.
In This Episode:
- What counts as a "relocation case" under Australian family law
- Whether a parent needs the other parent's consent before relocating with children
- What can happen if you relocate without the other parent's agreement
- Why courts don't always require a relocated parent to return
- How the Hague Convention affects relocation to overseas countries
- Why some Hague Convention countries don't reliably comply with it
- When exceptions — such as safety concerns from domestic violence — may change the usual approach
If you're considering relocating with your children, interstate or overseas, get tailored legal advice before you make any decisions:
https://pageprovan.com.au/
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