Can a Mother Move Interstate with My Child?
Can She Just Move?
If you are facing the possibility of the mother moving interstate or relocating a long way from you with your child, you may be wondering "Can the mother move interstate with my child?".
The short answer is: “No.”
The long and more lawyerly answer is: “It depends…”
Scenario 1:
Let’s say you are deeply involved in your child’s life. They spend close to 50% of the time with you and have since your separation. You have arranged your work schedule to allow you to do school pickups on the nights they spend with you. Maybe you coach their sports team. You know all their teachers, their best friends, and the parents of their best friends. They often spend weekend’s with Grandpa and Grandma and their life is enriched with a host of aunts uncles and cousins who all live in or around your current location.
The mother announces one day, that she is moving interstate. Her boyfriend has a job in the new location.
“We’re going, deal with it.” she says.
Scenario 2:
Now let’s say you are not exactly father of the year. You love them to bits, but you have a life. Perhaps you work away, or your new partner has kids and there is no room for them to stay. You plan to see you children every second weekend, but it's tricky. Often it’s only once a month maybe for the weekend, often just the day. If you're honest, sometimes a couple of months go by between visits.
Their mother invites you to mediation to try and work out a new arrangement because she has received a job offer 3 hours up the coast in the area her family live. She also has no family support in the town you both live and her job prospects are poor.
She proceeds to petition the court for relocation orders.
Of course, in reality, most situations fall somewhere between the above 2 scenarios. But the reality of no longer being able to be a regular part of you child's life is a very difficult situation that needs to be handled the right way.
There are several things you can do to ensure you continue to play a big part in your child's life.
What Can You Do?
Our biggest warning is: the longer you wait the harder this will be.
Our biggest tip is: Take action NOW. Call a lawyer. Understand your options.
Take Action
The biggest mistake we see is fathers who put off making a call to a lawyer. Afraid to ‘rock the boat’, or concerned they may get an answer they don’t want to hear, or worried about the possible costs... And so they wait and hope.
Meanwhile, the mother takes action. New schools are contacted, leases are terminated, and you become just another loose end to tie up.
Be Child Focussed
Don't focus on what you will be missing out on. Focus on what your child will be missing out on.
Mediation
Mediation is where more formal discussion can take place. This is where you can get an understanding of why the other parent is looking at relocating. Are they being child-focused or is it purely selfish reasons?
Be open to explore all possibilitiesaround a solution - for example:
- You may consider relocation yourself, either now or in time. This option means that if they wait a year or so, the relocation could happen together.
- Play out the option of a change of residence for the child, where they live with you and spend time with the parent who has relocated during holidays.
- Be open to hearing about the financial considerations for the relocating parent. You don't need to solve these issues, but if they play a part then being aware is important.
- Consider options where you could have the child for all of school holidays and long weekends.
Make sure you are clear about your position and thoughts. Document conversations, text messages etc where you discuss the topic.
If the move hurts your relationship with your child and you can't agree on a solution, you have the right to challenge it in court. The court might not stop the mother from moving, but often, it will temporarily stop the child from moving until it looks at all the details and makes a final decision
Understanding Child Relocation Laws
In Australian family law, what's best for the child is always most important. If the mother plans to move far away, and this could change how much the child sees you, here's how the law looks at it:
What the Law Checks:
- Both Parents' Relationship with the Child: How strong the child's bond is with both you and the mother will be examined.
- Impact of the Move: The court looks at how the move might change the child's emotional well-being and educational opportunities.
- Maintaining Parental Connections: The law considers whether the child can continue a meaningful relationship with the non-relocating parent, taking into account all the logistics involved.
- Motivations for Relocating: The reasons behind the mother's decision to move are also a focus, whether for new job opportunities, family support, or health reasons are also all considered.
Relocation Within the Same State:
It doesn't matter if the move is to another state or just far away within the same state. If it makes it hard for the child to spend time with you, the law sees it the same way.
What to do if They've Already Moved
If the mother move interstate, with your child without letting you know until after it happened or you've just learned it's about to happen soon, you need to act FAST!
The more time that passes after the move, the fewer choices you have. For example, if the move was a year ago, it's not likely that a court would want to move a child who has settled into the new school, has friends, and is involved in activities.
But, if it's only been a matter of weeks, then you may need to file for Urgent Recovery Orders.
Get in touch with us ASAP to start the process immediately. Courts give these cases priority because moving without agreement, also known as a unilateral relocation, is not usually in the child's best interests. The longer they reside in the new location, the more settled they become and the less likely a recovery can be enacted.
Protecting Your Child's Rights
For fathers facing the possibility of the mother moving interstate, it's important to make sure your child can still have a good relationship with both of you.
Here’s what you can do:
Get Help from a Lawyer
First, talk to a lawyer who knows about family law. They can tell you where you stand legally, whether you can challenge the move, and how to go about it.
Try Mediation
Mediation offers a less confrontational route to resolving disputes. It helps both parents come up with a plan that's good for your child and fair to both of you.
Go to Court if Needed
If you can't agree, you might have to go to court. There, a magistrate or registrar will decide what's best for your child. Going to court can be tough, so having a lawyer help you is very important.
Keep a Strong Connection with Your Child
No matter what happens, staying close to your child is key. Use technology to talk and visit them as much as you can to keep your bond strong.
Next Steps...
The question of whether a mother can move interstate with a child delves into complex legal territory, balancing parental rights with the child's best interests.
Professional legal advice and exploring all resolution avenues are vital steps in this process.
At Full Circle Legal, we specialise in supporting fathers, including relocation and recovery. If you're going throught these challenges, we're here to offer you guidance and legal suport.