Since the 2006 shared parenting amendments to the Family Law Act, parents wishing to relocate may find it increasingly difficult.
Recently, the Full Court of the Family Court upheld a decision which essentially prevented a Mother from relocating with her child from a remote Queensland town after her relationship breakdown.
During the relationship, the Mother relocated from Sydney to a remote Queensland town with her husband and child. When the relationship broke down eight months after the parties had moved, the Mother returned to Sydney with the child, but without the consent of the Father. The Father made Application to the Family Court for the return of the Mother and child to the remote Queensland town on the basis that he wanted to maintain a relationship with his child.
The Court ruled that the Mother could not leave the remote Queensland town with the child as the Mother's relocation away from the Father would have a detrimental effect on the relationship between the child and the Father.
The Mother was ordered to return to the remote Queensland town, despite her having limited employment, housing and support opportunities available to her.
If you are considering relocating with a child, away from the other parent, it is important that you seek legal advice before doing so.
