Considering relocating with children after separation?

Relocating with children after a separation is both a common but also contentious issue in family law. For parents who share a child’s care, freedom to relocate can be restricted if it impacts negatively on the ability of the other parent to spend time with the child and is not considered as being in the child’s best interests as illustrated in this recent case.

Case Study: George & Dixon (2022) FedCFamC2F 1647

In this case, the separating couple had a shared care arrangement whereby their child spent 5 nights a fortnight with the father. This arrangement apparently worked well with an expert describing it as ‘one of the most functional co-parenting arrangements’ they had seen.

The issue arose because the mother wanted to relocate with the child to Adelaide because that was where her family lived and her employer was based. She was suffering from depression and experts suggested she would benefit from relocating. The father, his new partner, extended family and employment remained in Melbourne.

The judge had to weigh the different benefits and disadvantages of relocation. His judgment referenced the active involvement of both parties in making decisions for their child, along with the scale of the adjustments the child would have to make if relocating, the financial circumstances and the father having to travel to Adelaide to see his child.

On balance, the mother’s application for relocation was denied as the child would be losing the benefit of the active involvement of both parents and would not all, matters considered, be in the child’s best interest.

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