FamLaw: Moving and Children

Written by James Frank | 8/06/16 1:06 AM

When a family breaks down, usually either one parent will move out of the family home or both will move out and the home will be sold.

You may move to accommodate your new lifestyle and asset pool. However, moving house is not just a simple matter of changing house in a family law parenting matter. First and foremost, the Court considers the best interests of the child.

If you have parenting Consent Orders in place, these orders may indicate certain requirements which need to be fulfilled if you are thinking of moving. However, if you are negotiating the care and responsibility of children, then it is important to keep the best interests of the child foremost in your mind when considering moving.

It is important to consider the following in light of the fact that the Courts consider the best interests of the child as paramount:

Will your move impact the children’s schooling and extra-curricular activities?
What sort of property are you moving into, and is it suitable for children?
Are you moving far away from your former partner?
Will your move impact how much each parent sees the child/children? The Courts consider it in the best interests of the child that they see both parents.
Are you moving in with anyone?
Why are you moving? Can you justify your move to the other party and to the Courts?

If you have a family law parenting matter or concerns on this topic or on family law generally or want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.

This article is provided to the reader for general information. It is not legal advice. It was written by Emily Graham & Andrea Spencer and edited by James Frank.