Relocation and Custody Rules in Queensland

Moving With Children After Separation Is Not Straightforward

Relocation is one of the most contentious issues in family law. When a parent wants to move to a new city, interstate, or overseas with the child, it directly affects the other parent's ability to maintain a meaningful relationship — and that tension sits right at the heart of the best-interests framework under the Family Law Act 1975.

There is no blanket rule in Queensland that says a parent can or cannot relocate with a child. Every case turns on its own circumstances, and the outcome depends on the nature of the existing parenting arrangements, the reasons for the move, and the impact on the child's relationship with both parents.

When Consent Is Required

If a parenting order or Consent Orders are in place, the terms of those orders dictate whether you can relocate. Where the parents share parental responsibility and the move would significantly limit the child's time with the other parent, the relocating parent must obtain the other parent's agreement or a court order.

If no court order exists but you have a signed parenting plan, the plan is not legally enforceable — but the court will take its terms into account if the other parent objects and files for parenting orders. Moving in violation of an agreed parenting plan undermines your credibility with the court.

If there are no orders and no parenting plan, there is technically no legal barrier to moving. But if the other parent objects, they can file an urgent application for a recovery order or an injunction to prevent the move. If you have already relocated without notice, the court may view this negatively when assessing your willingness to facilitate the child's relationship with both parents — one of the six best-interests considerations under Section 60CC.

What the Court Considers

When a relocation dispute reaches the Federal Circuit and Family Court, the judge applies the same best-interests framework used in all parenting matters. There is no separate "relocation test" — it is assessed through the lens of what arrangement best promotes the child's safety, developmental needs, and relationships.

Key factors the court weighs include:

The reason for the move. A genuine employment opportunity, proximity to extended family support, or escape from a domestic violence situation are all viewed more favourably than a move motivated by a desire to distance the child from the other parent. The court scrutinises whether the relocation is genuinely in the child's interest or primarily serves the relocating parent's interests.

The impact on the child's relationship with the non-relocating parent. A move from Brisbane to the Gold Coast has minimal practical impact on a weekly parenting schedule. A move from Brisbane to Perth means weekly changeovers are impossible, and the court must consider whether school-holiday blocks and regular video calls adequately compensate for the loss of day-to-day involvement.

The child's current stability. A child who is well-settled in their school, has established friendships, and is thriving in their current community may be harmed by an unnecessary disruption — regardless of how positive the destination environment might be.

The feasibility of modified arrangements. The relocating parent's willingness and ability to facilitate ongoing contact is critical. A parent who proposes a detailed long-distance parenting plan — including funded travel, extended school-holiday stays, and structured communication schedules — demonstrates cooperation. A parent who moves first and deals with the consequences later demonstrates the opposite.

What Happens If a Parent Moves Without Consent

If a parent relocates the child without the other parent's consent and without a court order authorising the move, the non-relocating parent can apply for:

A recovery order. Under Part VII of the Family Law Act 1975, the court can order the return of the child to the location specified in the existing parenting arrangements. Federal authorities (including the Australian Federal Police) can be directed to locate and return the child. A recovery order can be sought urgently.

An injunction. The court can issue an order prohibiting the relocating parent from leaving a specified area with the child until the matter is heard.

Airport Watchlist placement. If there is a credible risk that a parent will take the child overseas, the court can request that the Australian Federal Police place the child's name on the Family Law Airport Watchlist. The child may then be prevented from departing Australia until the court orders removal from the list.

Relocating without consent is treated very seriously. Even if the court ultimately agrees that the new location is better for the child, the act of moving unilaterally can result in adverse findings about the parent's willingness to support the child's relationship with the other parent.

Planning for a Long-Distance Parenting Arrangement

If relocation is approved (by agreement or by court order), the parenting plan needs to be completely restructured for long distance. A weekly alternating schedule is replaced with a block-time model:

• Term-time arrangement: The child lives primarily with the relocating parent during school terms, with regular video calls or phone calls scheduled at specific times with the non-relocating parent.
• Holiday blocks: The non-relocating parent receives extended, uninterrupted time during major school holidays — often the entirety of winter holidays and half of summer holidays.
• Travel logistics: The plan specifies who pays for travel, who accompanies the child on flights (particularly for younger children), and how unaccompanied minor services are handled.
• Special occasions: Birthdays, Mother's Day, Father's Day, and cultural holidays are allocated on a rotating basis with video-call backup when the child is with the other parent.

The Queensland Child Custody and Parenting Plan Guide includes a dedicated long-distance parenting schedule template with clause-by-clause prompts for travel costs, communication protocols, and holiday rotations.

See more Queensland guides →