With increasing globalisation and travel the issue of international relocation is a common one.
If you are considering moving overseas and this move would limit the time that your child or children spends with their other parent, we urge you to seek specialist family law advice.
Before moving overseas, you must discuss the matter with your child’s other parent. Sometimes this may mean seeking the assistance of a third party to assist facilitate discussion which may result in an agreement which can be lodged with the Court. In some circumstances an application must be made to a Court seeking orders allowing the travelling parent to take the child out of the country. As always, the best interest of the child is the paramount consideration for any Court.
In deciding what is in the best interest of a child the Court has reference to the Family Law Act which includes considerations such as a child maintaining a meaningful relationship with both parents, the practical difficulty of spending time with parents and the impact of the relocation on the child or children. The age and maturity of a child as well as their understanding of the proposed relocation are also relevant matters.
If you are concerned that your former partner might take your child out of Australia without your consent, then the child’s name can be placed on the Australian Federal Police’s Airport Watch List however an application would then need to be filed to resolve the issue.
The Court does have the power to make an order requiring the return of a child taken from Australia and pursuant to the international convention.
The law around removing a child from Australia is complex. If you are considering relocation or even overseas travel it is important to receive legal advice. Contact our office to speak to one of our specialist family lawyers.
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