Parenting with a separated former partner can have its
challenges, and one of the most polarising can be the decision of one parent to
relocate across the country.
The guiding principle in this area of the family law is the
best interests of a child, with the two competing primary considerations being
the benefit to a child of having a meaningful relationship with both parents,
and the need to protect a child from risk of harm in a variety of forms. The
second consideration is ‘weighted’ more heavily than the first. There are a
number of secondary considerations in the Family Law Act 1975 that are
also taken into account.
From a practical standpoint, what this means is that there
must be a compelling reason that a move would not benefit solely or simply a
parent, but more importantly the child. Very clear consideration must be given
to how, in the event of a move, a relationship with the other parent is
maintained.
Reasons for a move might include greater cultural and
educational opportunities, specialised services being available in the new
region not available in the previous region, better family and emotional
support for a child being in one region or another, or a parent being able to
obtain much more fruitful employment in a new region, meaning that their child
has a better chance at a greater quality of life.
Incidences of family violence and isolation for a parent in
one region can also play a significant role in a proposed move. There may be
very good reasons not to move as well, including cultural ties that would not
be available in a new region, the loss of Indigenous connection to country
should a move occur, and estrangement from a parent.
It is important if considering such a move that there be
very clear communication with the other parent involved, and that intentions
and reasoning are clearly set out for discussing.
You may not find that a parent confronted with such a
proposal necessarily acts rationally or calmly at first, but it is important
that a solid foundation and clear communication is established early on.
Every situation is different of course and you should obtain
expert advice specific to your circumstances. The guide in this article is at a
general level and should not be taken as legal advice for your specific
circumstances. We are available to discuss these issues with parents
considering making, or responding to someone proposing, such a move, at any
time on 03 9614 7111, or by email at Melbourne@nevettford.com.au
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