Relocation and Child Custody in Victoria: Rules for Moving With Your Child

You Cannot Simply Move

This catches many parents off guard. After separation, if relocating with your child — whether that means moving from Melbourne to Brisbane, or from Australia to another country — would affect the child's time with another parent or significant person, try to obtain their written consent or a court order allowing the move.

Moving without consent or a court order can be treated as a unilateral change to the child's living arrangements. In serious cases, the other parent can file for an emergency recovery order, and the court can direct the Australian Federal Police to locate and return the child. That is not a theoretical scenario; recovery orders are a routine part of the FCFCOA's parenting jurisdiction.

What the Court Considers

Relocation applications are assessed under the same Section 60CC best interests framework that governs all parenting matters since the May 2024 amendments. There is no separate "relocation test" — the court evaluates whether the proposed move serves the child's best interests using the six non-hierarchical factors: safety, the child's views, developmental needs, each parent's capacity, the benefit of maintaining relationships with both parents and extended family, and any other relevant circumstance.

In practice, relocation cases turn on a few recurring questions. What is the genuine reason for the move — a new job, family support, a new relationship? How will the move affect the child's relationship with the other parent, and what realistic contact arrangements can replace the current schedule? Has the relocating parent proposed a detailed plan for maintaining the child's relationship with the staying parent?

The court also scrutinises the child's existing connections. A child who has lived in the same school, neighbourhood, and friendship group for years has established roots that a move would disrupt. A younger child who has not yet started school may face less disruption.

Interstate Moves vs International Relocations

Interstate relocations and international relocations raise different practical concerns.

For interstate moves within Australia, the child remains under Australian federal family law. Parenting orders made by the FCFCOA are enforceable nationwide, and the Australian Federal Police can execute recovery orders anywhere in the country. The main issue is logistics — how do you maintain meaningful parenting time when parents live in different states?

Long-distance parenting plans typically shift from frequent short visits to less frequent but longer blocks. School holidays become the primary parenting time for the non-local parent, with regular video calls during school terms. The Victoria Child Custody & Parenting Plan Guide includes a long-distance schedule template designed for exactly this situation.

International relocations add another layer of complexity. Australia is a signatory to the Hague Convention on International Child Abduction, which means that a child taken to another Hague Convention country without proper authority can be returned through an expedited legal process. If the destination country is not a Hague Convention signatory, recovery becomes far more difficult and uncertain.

How to Apply for a Relocation Order

If the other parent will not consent to the move, you need to file an Initiating Application (or an Application in a Case if proceedings already exist) in the FCFCOA. Your application should include a detailed proposal covering the reason for the move, proposed new living arrangements, a revised parenting schedule showing how the child will maintain their relationship with the other parent, and evidence that the move is genuine and considered (not a tactic to reduce the other parent's involvement).

The court may make interim orders about whether the child can relocate pending a final hearing, or it may restrain the move until the matter is resolved. If there are existing parenting orders, the application seeks to vary those orders.

Before You Decide to Move

Talk to the other parent first, in writing. A genuine negotiation that produces a varied parenting plan or amended consent orders is faster, cheaper, and less adversarial than a contested relocation hearing. If direct communication is difficult, a Family Dispute Resolution practitioner can facilitate the conversation.

Document your reasons for the move and prepare a realistic contact plan before raising it with the other parent. Showing that you have thought carefully about maintaining the child's relationships signals good faith — both to the other parent and, if it comes to it, to the court.

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