{"id":994,"date":"2025-07-22T12:55:54","date_gmt":"2025-07-22T02:55:54","guid":{"rendered":"https:\/\/www.blackwoodfamilylawyers.com.au\/insights\/?p=994"},"modified":"2026-03-02T15:53:09","modified_gmt":"2026-03-02T04:53:09","slug":"relocating-with-children-after-separation-what-does-the-law-say","status":"publish","type":"post","link":"https:\/\/www.blackwoodfamilylawyers.com.au\/insights\/relocating-with-children-after-separation-what-does-the-law-say\/","title":{"rendered":"Relocating with children after separation \u2013 what does the law say?"},"content":{"rendered":"\n<p><strong><strong>By <a href=\"https:\/\/www.blackwoodfamilylawyers.com.au\/profile-kate-wild.htm\">Kate Wild<\/a> &#8211; Special Counsel<\/strong><\/strong><\/p>\n\n\n\n<p><br>When parents separate, it is not uncommon for one parent to seek to relocate to another city, state or even country with the children of the relationship.<\/p>\n\n\n\n<p><br>A parent seeking to relocate with children will need to seek the consent of the other parent, or an Order of the Court, before relocating. Failure to do so could result in an urgent order being made requiring their immediate return.<\/p>\n\n\n\n<p><br>Relocation applications are often opposed by the other parent and are some of the most hard-fought, \u2018high stake\u2019 cases that go before the Federal Circuit and Family Court of Australia.&nbsp; Because of the often-limited scope for a compromised outcome, relocation cases have a greater propensity to run to final hearing when compared to other types of parenting cases. &nbsp;<\/p>\n\n\n\n<p><br><strong>So how does the Court determine what should happen?<\/strong><\/p>\n\n\n\n<p><br>In&nbsp;2000, the Family Court (as it was then known) delivered judgment in <em>A v A: Relocation Approach.<\/em><\/p>\n\n\n\n<p><br>The case provided guidance as to the relevant factors the Court needs to consider in determining whether a relocation application should be granted, making clear that that the child\u2019s best interests remains the Court\u2019s paramount consideration. &nbsp;<\/p>\n\n\n\n<p><br>However, in relocation cases, application of the \u2018best interests\u2019 principle can be complex.<\/p>\n\n\n\n<p><br>In the High Court case of <em>AMS v AIF<\/em> [1999], it was stated:<\/p>\n\n\n\n<p><br>\u201c<em>On the one hand, the best interests of a child ordinarily favour its right to know, and to have regular contact with, each parent whilst it is growing up. On the other hand, such rights exist in a society whose members enjoy a high measure of freedom of movement, which is not lost by reason only of the responsibilities which go with custody and guardianship of a child.\u201d<\/em><\/p>\n\n\n\n<p><br>In the case of <em>A v A: Relocation Approach<\/em>, it was held that an applicant seeking to relocate need not demonstrate \u201c<em>compelling reasons\u201d <\/em>for a relocation. However, the reality is that in practice, an application to relocate without compelling reasons is far less likely to succeed.<\/p>\n\n\n\n<p><br>The Court has granted relocations in circumstances where:<br><\/p>\n\n\n\n<p><br><\/p>\n\n\n\n<ul class=\"wp-block-list jds-p0\">\n<li class=\"jds-p0\">An applicant is suffering financially, and there are financial advantages associated with the proposed relocation.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list jds-p0\">\n<li class=\"jds-p0\">An applicant is experiencing family violence, and the proposed relocation would provide an escape from the violence.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list jds-p0\">\n<li class=\"jds-p0\">An applicant has limited access to family support, and the proposed relocation would allow them access to the support of family, such as a grandparent.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list jds-p0\">\n<li class=\"jds-p0\">An applicant is suffering mental health issues or severe homesickness, and the proposed relocation would afford the applicant support or relief.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list jds-p0\">\n<li class=\"jds-p0\">An applicant has partnered with somebody who lives elsewhere.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list jds-p0\">\n<li class=\"jds-p0\">The proposed relocation would benefit the applicant\u2019s career.<\/li>\n<\/ul>\n\n\n\n<p><br>When assessing the likely impact of a relocation on the children, the age of the children is a key consideration, as is the children\u2019s relationship with the other parent. A parent applying for relocation can strengthen their case by proposing measures to mitigate any impact on a child\u2019s relationship with the other parent, such as regular electronic contact and\/or frequent and substantial visits to the other parent.<\/p>\n\n\n\n<p><br>Importantly, when an application for relocation is determined by the Court, the Court is not bound by the parties\u2019 proposals. The High Court found in <em>U v U<\/em> [2002] that the Court is at liberty to make such Orders as it deems appropriate.<\/p>\n\n\n\n<p><br><strong>Changes to parenting laws in May 2024<\/strong><\/p>\n\n\n\n<p><br>In May 2024, changes to the <em>Family Law Act<\/em> 1975 (Cth) (<strong>Act<\/strong>) came into effect which significantly altered parenting laws.<br><br><\/p>\n\n\n\n<ol start=\"1\" class=\"wp-block-list\">\n<li>Previously, when considering the children\u2019s best interests, the Court was required to consider the children\u2019s right to a \u2018meaningful relationship\u2019 with both parents. The changes removed the word \u2018meaningful\u2019 from the consideration.<br><br><\/li>\n\n\n\n<li>Previously, the Court was required to consider a child spending \u2018significant and substantial\u2019 time with a parent, which was defined in the Act as a parent being involved in day-to-day aspects of a child\u2019s life, as well as the child spending time on weekdays, weekends and special occasions with the parent. The changes removed this consideration.<br><br><\/li>\n\n\n\n<li>Previously, there was a presumption that it was in the child\u2019s best interests for the parents to have equal shared parental responsibility for major long-term issues. The changes removed the presumption.<br><br><\/li>\n\n\n\n<li>Previously, where it was determined that it was in the child\u2019s best interests for the parents to have equal shared parental responsibility, the Court was required to consider the child spending equal time with both parents. The changes removed that requirement. &nbsp;<br><\/li>\n<\/ol>\n\n\n\n<p><br><strong>So how do the recent changes to parenting laws affect relocation cases?<\/strong><\/p>\n\n\n\n<p><br>In January 2025, Division 1 of the Federal Circuit and Family Court of Australia considered the case of <em>Wedekind &amp; Nakano<\/em> (No 2) [2025] FedCFamC1F 5.<\/p>\n\n\n\n<p><br>The case concerned, in part, a mother\u2019s application to relocate with the children from Australia to New Zealand. The mother\u2019s relocation application was vigorously opposed by the father.<\/p>\n\n\n\n<p><br>In <em>Wedekind &amp; Nakano<\/em>:<br><br><\/p>\n\n\n\n<ul class=\"wp-block-list jds-p0\">\n<li>There were 2 children, aged approximately 4 and 7 years.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list jds-p0\">\n<li>The children lived with the mother and spent 3 nights per fortnight with the father, plus after school hours for dinner every second week. It was agreed the children had a close relationship with the father.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list jds-p0\">\n<li>There were no allegations of family violence. The parties had an amicable co-parenting relationship.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list jds-p0\">\n<li>The mother had family living in New Zealand and expressed a desire to return to New Zealand during the parties\u2019 relationship.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list jds-p0\">\n<li class=\"jds-p0\">The mother experienced mental health issues which required careful management. Her mental health deteriorated significantly when she formed an understanding that her relocation was uncertain.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list jds-p0\">\n<li>The children spent time living in New Zealand with the mother prior to separation.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list jds-p0\">\n<li>The father was receiving compensation for an injury. He contended that he was unable to obtain work outside of Australia due to a security clearance issue, and he would not receive financial compensation while in New Zealand.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list jds-p0\">\n<li>The mother was able to continue her employment remotely while living in New Zealand.<\/li>\n<\/ul>\n\n\n\n<p><br>The Court determined that the impact of a relocation on the children\u2019s relationship with the father must be tempered by the risk posed to the mother if the relocation was not permitted. The Court ultimately granted the mother\u2019s relocation application and made orders for the children to spend as much time with the father as practicable.<\/p>\n\n\n\n<p><br><br>Relocation is a complex aspect of family law. If you would like advice about a relocation matter or any other family law issues, please contact us on (03) 8672 5222 to arrange an appointment with one of our experienced family <a href=\"https:\/\/www.blackwoodfamilylawyers.com.au\/team.htm\">lawyers<\/a>.<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>By Kate Wild &#8211; Special Counsel When parents separate, it is not uncommon for one parent to seek to relocate to another city, state or&#8230;<\/p>\n","protected":false},"author":4,"featured_media":56,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"blog-detail.php","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[4,6],"class_list":["post-994","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-blog","tag-familylaw","tag-section131"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.4 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Relocating with children after separation \u2013 what does the law say? 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