After separation, it’s not unusual for one parent to consider moving—to be closer to family, for a new job, or for a fresh start. But if you’re planning to relocate with your child, there are a few important things to understand before packing your bags.
You can’t move without consent
If the move would impact the other parent’s time or relationship with the child, you’ll need to either:
- Get their agreement in writing, or
- Apply to the Family Court of Western Australia for a relocation order.
Even if you have day-to-day care of your child, shared parental responsibility means big decisions—like changing where your child lives—should be made together or with the court’s permission.
Try to reach an agreement first
The best place to start is by having a calm, practical conversation with the other parent. If that’s not possible, or if you can’t agree, you’ll likely need to try Family Dispute Resolution (mediation) before heading to court. The aim here is to find a solution that works for everyone—especially the child.
The court will focus on your child’s best interests
If the matter does go to court, the key question will always be: what’s best for the child? The court will look at things like:
- Why the parent wants to move
- How the move will affect the child’s relationship with the other parent
- Whether meaningful time with both parents can still happen
- Practical things like travel costs and schooling
Each case is different, and the court will weigh all the circumstances before making a decision.
Don’t make the move without permission
Relocating without consent or a court order (you can read more about these here) can land you in serious legal trouble. The other parent could apply for a recovery order to have the child returned, and the court may view the move negatively when deciding future parenting arrangements.
What if the move is overseas?
If you’re planning to travel or move overseas with your child—even for a holiday—you’ll need written permission from the other parent or a court order. If there’s a risk a child might be taken overseas without consent, steps can be taken to prevent that, including placing the child on the Family Law Watchlist.
When in doubt, seek advice early
Relocation can be a complex area of family law, and it’s not something you have to navigate alone. If you’re unsure about your rights or obligations, that’s where we come in! It’s best to get legal advice before making any decisions.
