Parenting Orders and Interstate Moves: What Happens When One Parent Wants to Relocate?

Relocating to another state after separation can be a practical necessity. Work opportunities change, housing becomes unavailable, support networks shift, and new relationships form. When children are involved, an interstate move can also reshape the child’s routine and their relationship with the other parent. Australian family law treats this as a “relocation” issue and focuses on one central question: what arrangements are in the child’s best interests.

Relocation and parenting orders: why it matters

A move from one state to another often affects how a child spends time with each parent and how changeovers happen. If there are parenting orders in place, a relocation can make the existing orders difficult to carry out. The Federal Circuit and Family Court of Australia explains that moving a child to another town, state, or country is “relocation”, and where the move impacts time arrangements, the court may refuse permission for the child to move.

Even where a child lives primarily with one parent, the other parent’s time and involvement remain relevant. Relocation cases are decided using the same best interests framework as other parenting disputes. Since 6 May 2024, the parenting law framework has been updated, including a shorter, non-hierarchical list of best interests considerations and removal of the former presumption of equal shared parental responsibility.

Start with the orders and the current arrangements

Before making plans, check what documents govern the parenting arrangements:

• Parenting orders made by a court, including consent orders

• Parenting plans (written agreements)

• No formal document, relying on an informal routine

If court orders exist, the wording matters. Some orders set a suburb radius, specify a school, allocate changeover responsibilities, or require notice for travel. Relocating can create a risk of contravention if the move prevents compliance with orders.

Step one: try to reach agreement

The court encourages parents to communicate and try to resolve disputes. The Court’s relocation guidance suggests starting by talking with the other party and using family dispute resolution (mediation) if agreement is difficult.

A relocation proposal is more persuasive when it includes a complete, child-focused plan, such as:

• Where the child will live and attend school

• How time with the other parent will work during school terms

• Holiday blocks, long weekends, and special occasions

• Travel logistics, supervision for flights if needed, and handover locations

• Who pays for travel and how costs are shared

• Communication arrangements, including phone and video contact

• How the child will stay connected with extended family and community

Step two: formalise any agreement

If both parents agree, it is usually sensible to formalise the arrangement so it is clear and enforceable. The court notes that parties who agree about relocation and related arrangements should formalise the agreement.

Common options include:

• Consent orders filed with the court, creating binding orders

• A parenting plan, which can be useful but is generally less enforceable than court orders

A well-drafted consent order can cover distance-based issues that often cause later conflict, including travel costs, booking deadlines, school event attendance, and makeup time if travel is disrupted.

When there is no agreement: court processes and requirements

When parents cannot agree, either parent can apply to the court for parenting orders that deal with relocation. The court may make orders allowing relocation, or orders preventing the child’s residence being moved outside a defined area.

In most cases, a parent needs to attempt Family Dispute Resolution (FDR) before filing for parenting orders and file a section 60I certificate, unless an exemption applies. The Court’s guidance explains the certificate is generally valid for 12 months and outlines exemptions such as urgency, family violence or child abuse risk, and certain contravention circumstances.

What the court considers in relocation cases

The child’s best interests remain the paramount consideration. Since 6 May 2024, section 60CC of the Family Law Act 1975 has been simplified to six general considerations, plus two additional considerations for First Nations children.

The six considerations for all children are:

1. Arrangements that promote the safety of the child and each person caring for the child

2. The child’s views

3. The child’s developmental, psychological, emotional, and cultural needs

4. Each proposed carer’s capacity to meet those needs

5. The benefit of the child having a relationship with parents and significant people, where it is safe

6. Anything else relevant to the child’s circumstances

In practice, relocation cases often turn on how the move affects the child’s stability, schooling, and sense of connection, alongside the feasibility of maintaining a strong relationship with the non-moving parent.

Evidence that helps the court assess a relocation proposal

If the matter proceeds to court, the relocating parent usually needs clear evidence to support a practical, child-focused plan, such as:

• Employment offer, roster details, or career pathway in the new state

• Housing arrangements and cost of living comparisons

• Support network evidence, including family help with childcare

• School information and transition plans

• Travel timetables and costings

• A realistic schedule for time with the other parent

• Proposals for additional holiday time, online contact, and attendance at key events

The non-relocating parent may provide evidence about the child’s current connections, the practicality of travel, and how the move may affect the child’s relationship with them.

Risks of relocating without consent or orders

The court warns that if a parent relocates the child’s residence without consent and without a court order, the court may require the parent to return with the child until the case is decided. Where parenting orders exist and the move disrupts compliance, the move can amount to a breach and the other parent may seek enforcement.

Practical next steps

If relocation is on the horizon, early planning makes a difference:

• Prepare a detailed proposal that prioritises the child’s routine and relationships

• Attempt negotiation or mediation with a family dispute resolution practitioner

• Document agreements and consider consent orders for clarity

• Seek urgent legal advice where safety issues, time pressures, or existing orders are involved

Relocation disputes are fact-specific, and the outcome depends on the child’s circumstances and the quality of each parent’s proposals. A tailored legal strategy by your local family lawyer in Camden can help present a plan that supports the child’s wellbeing while managing the realities of an interstate move.