Hi there. When a parent, who is subject to an existing parenting order, wishes to move house, they should first try and come to an agreement with the other party without involving the courts. If this is not possible, and you are unable to negotiate an agreement with your partner, you will need to seek assistance from a court to approve the relocation and amend the existing parenting order.

By moving interstate without first reaching an agreement with your partner or obtaining court approval, you may be in breach of the parenting order. If this is the case, your partner can apply to the court to enforce the current order, and avoid having to travel the additional distance when returning your child back to you.

Despite having already moved house, you may still apply to the Family Court for an order approving your move and amending the terms of the parenting order. However, the court does not have to accept your application, especially if it is not in the best interests of your child. Regardless of what outcome the court reaches, its decision will be legally binding on you and your partner.

Suggested way forward

It is important that you comply with the terms of the parenting order. To do this, you will likely need the assistance of a court. Speaking to a family lawyer will help you understand your legal rights and options. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.