Child Custody and Relocation Rules in the ACT

A parent wanting to relocate with their child — whether across the NSW border to Queanbeyan or interstate to Melbourne — confronts one of the most legally sensitive areas of Australian family law. Unilateral relocation without the other parent's consent or a court order is treated as a serious breach of parental responsibility, and the consequences can be severe.

The Basic Rule

Under the Family Law Act 1975, a parent cannot move a child away from the other parent's geographical area without either:

1. Written consent from the other parent, or
2. A specific relocation order from the FCFCOA

This applies regardless of whether the parents were married or in a de facto relationship, and regardless of which parent the child primarily lives with. The rule protects the child's relationship with both parents and the non-relocating parent's ability to exercise their care time.

What Counts as a Relocation?

There is no fixed distance threshold in the legislation. The test is practical: does the move meaningfully interfere with the existing parenting arrangements? Moving ten minutes away within Canberra rarely triggers relocation provisions. Moving from Canberra to Sydney — a three-hour drive — almost certainly does, because it fundamentally changes the viability of midweek contacts, school drop-offs, and extracurricular participation.

The ACT's proximity to the NSW border creates a specific complication. A move from inner Canberra to a nearby NSW town may seem minor geographically but crosses a state border, which can affect school enrolment, healthcare access, and the administrative logistics of existing arrangements.

How to Apply for a Relocation Order

If the other parent will not consent to the move, you must apply to the FCFCOA for a relocation order before moving the child. The court will assess the application against the Section 60CC best interests factors, with particular attention to:

• The reason for the move. Legitimate reasons include employment opportunities, being closer to extended family support, or escaping a situation involving family violence. The court scrutinises moves that appear designed to limit the other parent's involvement.
• The impact on the child's relationship with the non-relocating parent. Can meaningful contact be maintained through modified schedules and video calls?
• The child's views. For older children, their own preferences about moving will be considered.
• Proposed substitute arrangements. A parent who applies for a relocation order should present a detailed alternative schedule — for example, consolidated school holiday blocks and regular video contact — that demonstrates commitment to preserving the child's relationship with the other parent.

What Happens If You Move Without Consent

Relocating without written consent or a court order can result in:

• Recovery orders. The FCFCOA can order the child's immediate return to the original location. Police and Australian Border Force officials are authorised to enforce recovery orders.
• Location orders. If the relocating parent's whereabouts are unknown, the court can direct the Australian Federal Police, state police, and government agencies to locate the child.
• Airport Watchlist. If there is a risk of international relocation, the court can place the child on the FCFCOA Airport Watchlist, preventing them from leaving Australia.
• Adverse credibility findings. Unilateral relocation signals to the court that the parent prioritises their own interests over the child's need for stability and contact with both parents. This can significantly impact future parenting orders.

Practical Steps for ACT Parents

If you want to move: Start by giving the other parent written notice of your intention. Explain the reasons, the proposed new location, and a detailed alternative parenting schedule. If they consent in writing, update your parenting plan or consent orders accordingly. If they refuse, apply for a relocation order through the FCFCOA before making any move.

If the other parent wants to move your child: Respond in writing within the timeframe given. If you do not consent, make clear that you will oppose the relocation and explain why. If the other parent moves without consent, seek urgent legal advice and consider applying for a recovery order immediately.

The ACT Child Custody & Parenting Plan Guide includes a relocation checklist and notice template that covers the required steps for both scenarios.

See more Australian Capital Territory guides →