Relocation With a Child After Separation in NSW

Moving to a new city for work, closer to family support, or to start fresh after separation is a common desire — but when children are involved, relocation is one of the most contested issues in Australian family law. Whether you're the parent wanting to move or the parent trying to prevent a move, the rules are strict and the consequences of getting it wrong are severe.

Can You Just Move?

It depends on whether you have existing court orders.

If you have consent orders or parenting orders: You cannot relocate with the child in a way that would make compliance with those orders impractical without either the other parent's written consent or a court order permitting the relocation. Moving without permission can result in a recovery order and potentially contravention proceedings.

If you have a parenting plan (not court orders): A parenting plan is not legally enforceable, but relocating in breach of a parenting plan can harm your position if the other parent applies to the court. The court would view the unilateral move as evidence that you're not prioritising the child's relationship with the other parent.

If you have no written agreement or orders: There's no specific law preventing you from moving within Australia, but the other parent can immediately apply for urgent parenting orders or an injunction to prevent the move or require the child's return.

In practice, regardless of your current arrangement, attempting to relocate without the other parent's knowledge or agreement is likely to backfire in court.

How to Relocate Properly

Step 1: Propose the relocation to the other parent in writing. Set out where you plan to move, when, why, and how you propose to maintain the child's relationship with the other parent (modified schedule, holiday blocks, video calls).

Step 2: Attempt to negotiate. If the other parent agrees, amend your parenting plan or file new consent orders reflecting the changed arrangements.

Step 3: If the other parent objects, attend Family Dispute Resolution. You'll need a Section 60I certificate before you can apply to the court for a relocation order (unless a safety exemption applies).

Step 4: Apply for a relocation order. File an Initiating Application (or Application in a Case if proceedings already exist) with the FCFCOA. Include a detailed affidavit explaining the reasons for the move and your proposed plan for maintaining the child's relationship with the other parent.

What the Court Considers

Under the amended Family Law Act 1975, the court applies the best interests test (Section 60CC) to relocation disputes. There's no presumption for or against relocation. The court weighs:

The child's safety — is the current location or the proposed location safer for the child?

The child's relationships — how will the move affect the child's relationship with the other parent, siblings, grandparents, and friends?

The reasons for the move — genuine reasons (a specific job offer, proximity to a support network after family violence, reunification with extended family) carry more weight than vague claims about wanting a "fresh start"

The proposed schedule — has the relocating parent presented a realistic, workable plan for the child to maintain meaningful contact with the other parent?

The child's views — if the child is old enough and mature enough to express a view, the court will consider it

Each parent's capacity — which parent is better placed to facilitate the child's relationship with the other parent? A parent who moves without consulting the other parent signals to the court that they're unlikely to prioritise the co-parenting relationship

Interstate vs Overseas Relocation

Interstate moves — there's no specific notice requirement under federal law, but best practice (and what courts expect) is reasonable written notice before any move that would materially affect the existing parenting arrangements. Family lawyers typically advise at least 28 days for a local move and 60 to 90 days for an interstate move.

International relocation — significantly harder to obtain court approval. The court considers the enforceability of Australian parenting orders in the destination country, the cost of maintaining contact across international borders, and the risk of the child not being returned. If the destination country is not a signatory to the Hague Convention on International Child Abduction, courts are particularly cautious.

Passport issues — if both parents have parental responsibility, both must consent to the child's passport application. If you have concerns about international abduction, you can place the child on the Australian Federal Police's Family Law Watch List, which triggers an alert if someone attempts to take the child through a border crossing.

What Not to Do

• Don't move first and negotiate later — this almost always damages your court position
• Don't withhold information about the move — the court views secrecy as evidence of bad faith
• Don't rely on "it's my right to live where I want" — the court's focus is the child's interests, not yours
• Don't assume the other parent won't object — even amicable co-parents can be blindsided by a relocation proposal

For guidance on structuring a relocation proposal, modifying your parenting plan for long-distance arrangements, and understanding how the court evaluates move-away cases, the NSW Custody & Parenting Plan Guide includes a relocation planning framework and schedule templates for interstate and long-distance parenting.

See more New South Wales guides →