A judge will deny relocation in Australia if the move is deemed to be against the child’s best interests.
Common reasons a judge will deny relocation in Australia include disrupting the child’s relationship with the other parent, interfering with custody arrangements, failing to provide sufficient justification for the move, or if the relocation poses risks to the child’s wellbeing, education, or emotional stability.
The Family Court carefully considers the impact of relocation on the child’s life and relationships before making a decision.
If you’re planning to relocate with your child or responding to a relocation request, understanding the factors a judge considers can help you navigate the legal process.
Below, we break down the key reasons relocation might be denied and what you can do to strengthen your case.
Lack of Justification for Relocation
A judge will deny relocation if the parent requesting the move cannot provide a clear and reasonable justification.
Acceptable reasons might include new job opportunities, access to family support, or improved living conditions.
However, if the proposed relocation appears arbitrary or motivated by personal convenience rather than the child’s wellbeing, the court is unlikely to approve it.
Additionally, a judge may question the relocation if it is perceived as an attempt to alienate the child from the other parent.
Key takeaway: Relocation requests must be supported by a strong rationale that demonstrates how the move benefits your child, not just you.
Impact on the Child’s Relationship with the Other Parent
The court places significant emphasis on maintaining a child’s meaningful relationship with both parents.
If relocating would make it difficult or impossible for the other parent to spend time with the child, this could be grounds for denial.
For example, if the relocation involves moving interstate or overseas, the judge may assess whether suitable arrangements can be made to facilitate ongoing contact, such as frequent visits, video calls, or shared holiday time.
Key takeaway: Relocation will likely be denied if it undermines your child’s relationship with their other parent and no viable alternatives for contact are proposed.
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Lack of Practical Planning
Judges are unlikely to approve a relocation request that lacks a detailed and practical plan. If your proposal fails to address logistics such as:
- Where your child will live.
- How they will travel to see the other parent.
- The cost of travel and who will bear it.
- How the move impacts schooling and extracurricular activities.
The court may view the request as poorly thought-out and deny it. A well-prepared plan demonstrates that you have considered all aspects of the move and its impact on your child.
Key takeaway: A relocation request must include a comprehensive and realistic plan that ensures your child’s needs and relationships are maintained.
Concerns About the Child’s Safety or Wellbeing
If the judge believes that the relocation could negatively affect the child’s safety, wellbeing, or emotional stability, the request is likely to be denied. This may include:
- Moving to an unsafe neighbourhood or unstable living environment.
- Relocation that increases the child’s exposure to conflict between parents.
- Removing the child from a strong support network, such as extended family or community ties.
The court will also consider whether the child has expressed concerns or objections to the move, particularly if they are old enough to provide an informed view.
Key takeaway: Relocation will not be approved if it poses risks to your child’s emotional or physical wellbeing.
Parental Intentions and Cooperation
Judges may deny relocation if they perceive the request as an attempt to limit the other parent’s involvement in the child’s life.
For example, if you have a history of obstructing the other parent’s time with the child or failing to comply with previous court orders, the court may question your motives for relocation.
On the other hand, demonstrating a willingness to cooperate and maintain the child’s relationship with the other parent can strengthen your case.
Proposing creative solutions, such as a revised visitation schedule or shared travel expenses, shows that you are prioritising your child’s relationships.
Key takeaway: Relocation is more likely to be denied if the requesting parent shows signs of uncooperative behaviour or attempts to alienate the other parent.
By understanding the common reasons a judge might deny relocation in Australia, you can better prepare your case or respond to a relocation request.
If you are considering relocating with your child, it’s important to provide a well-supported proposal that prioritises your child’s wellbeing and maintains their relationships