Relocating With Children After Separation: How Relocation Orders Work

By Hayder Shkara, Director, ABA Lawyers · Law current as at October 2026

A new job, family support, a fresh start or a new partner: there are many reasons a separated parent may want to move. When the move would make it significantly harder for the child to spend time with the other parent, and the parents can’t agree, whether the child can move becomes a relocation case.

This guide explains how relocation is decided, why courts refuse some moves, and what to do whether you want to move or want to stop a move.

There’s no separate relocation law

The Family Law Act 1975 (Cth) doesn’t have a special set of relocation rules. A “relocation order” is a parenting order about where a child lives and how they spend time with each parent, made where one parent proposes to move. A change in living arrangements that would make it significantly harder for a child to spend time with a parent is a major long-term issue, so parents with parental responsibility should consult each other before it happens.

A relocation might be across town, from North Lakes to regional Queensland, interstate or overseas. The distance matters less than the effect on the child’s relationships and routine.

How the court decides

The child’s best interests are the paramount consideration. The court applies the general best-interests considerations in section 60CC, including the child’s safety, their views, their developmental and emotional needs, each parent’s capacity to meet those needs, and the benefit of the child having a relationship with both parents where that is safe.

The High Court has made two points that still shape relocation cases:

• the parent who wants to move doesn’t have to prove “compelling reasons” for the move, and a parent’s freedom to choose where they live is a relevant consideration (AMS v AIF [1999] HCA 26); and
• the court must weigh each realistic proposal put forward, including the option of the child staying where they are (U v U [2002] HCA 36).

In practice, the court compares the proposals side by side and asks which arrangement is best for the child.

What we see in practice

“Whether a relocation is approved really comes down to what the relocating parent wants, and it can be a whole range of things. I’ve seen parents able to relocate because of their careers, because of family support, because of a lack of family support, or because of no financial support. If a parent can establish those things, they may be successful.”

Hayder Shkara, Director, ABA Lawyers

“Cases go down where it isn’t much of a major reason, and the move jeopardises the relationship between the child and the other parent.”

Hayder Shkara

In other words, the strength of your reason and its effect on the child’s relationship with the other parent are weighed together. A significant, well-evidenced reason, paired with a realistic plan to keep that relationship strong, gives a relocation application its best chance.

Why relocation is refused

Courts refuse or limit relocation where the move isn’t shown to be in the child’s best interests. Common reasons include:

• Damage to the relationship with the other parent. If the move would reduce a close, involved relationship to occasional visits, that weighs heavily.
• A plan that won’t work. Vague proposals without detail about housing, schooling, travel, costs and how the child will see the other parent are much harder to approve.
• Reasons that look adult-focused. A move that mainly benefits the parent, or appears driven by conflict, is viewed more cautiously than one with clear benefits for the child, such as family support or financial stability.
• Loss of stability. Leaving a settled school, friends and extended family is a real cost for a child.
• Past conduct. A history of ignoring orders, or of undermining the child’s relationship with the other parent, can count against the parent who wants to move.

Relocation before a final hearing (on an interim basis) is generally harder to get, because the court is reluctant to change a child’s situation before the evidence has been tested.

If you want to move

1. Raise it early and in writing. Don’t move first and try to get agreement later.
2. Build a detailed plan covering where you’ll live, the school, how often the child will see the other parent, who pays for travel, video calls and school holidays. Our guide to custody schedules by age shows common arrangements you can adapt.
3. Try family dispute resolution. Unless an exception applies, such as family violence or urgency, you’ll need a section 60I certificate before applying to court.
4. If you can’t agree, apply to court. You file an Initiating Application in the Federal Circuit and Family Court of Australia, with an affidavit setting out your proposal and why it’s in the child’s best interests.

Moving a child without the other parent’s agreement or a court order can backfire. The court may order the child’s return, and the move can affect how your proposals are viewed later.

If the other parent plans to move with your child

• Respond in writing, setting out your concerns and your own proposal.
• If the move is imminent, get urgent advice. The court can make orders stopping a move and, if a child has already been taken, a recovery order requiring their return.
• If you’re worried your child will be taken overseas, the court can order that they be placed on the AFP Family Law Watchlist, which helps stop a child leaving Australia.

If you already have parenting orders

If there are final parenting orders, a relocation application usually means asking the court to reconsider them. The court first asks whether there has been a significant change in circumstances, and whether reconsidering the orders is in the child’s best interests. A genuine change such as a new job, a new relationship or a family need can meet that threshold, but it isn’t automatic.

Watch: Understand this before family court

If your relocation dispute is heading to court, Hayder walks through each stage of a family court case, from filing to the final hearing.

Frequently asked questions

Can I move with my child if there are no court orders?

No order may stop you, but moving without the other parent’s agreement can lead to an application for the child’s return, and it can count against you when the court later decides what is in the child’s best interests. Get advice before you move.

How far does a move have to be to count as relocation?

There’s no set distance. The question is whether the move would make it significantly harder for the child to spend time with the other parent.

How long does a relocation case take?

If it goes to a final hearing, a relocation case can take many months or longer. Urgent and interim applications can be heard sooner. Many cases settle at mediation or before trial.

Get advice about your situation

Every family is different. If you’d like clear advice about your next step, our North Lakes parenting lawyers can help. Get your free 15-minute family law action plan or call 07 3352 7666.

This article is general information only and isn’t legal advice. Please get advice about your own circumstances.