Parents’ Guide to Custody Lawyers and Relocation Cases
01/10/2025
Parenting after separation is rarely simple. If one parent wants to move to another state or overseas, things can quickly become overwhelming. Relocation cases are some of the most sensitive matters in family law, affecting both the parents as well as the stability and wellbeing of children.
If you are in this position, whether you are the parent who wishes to relocate or the one who wants to protect time with your child, it helps to understand how the process works.
Compassionate and experienced family lawyers in Cairns can guide you with clarity, care, and practical advice.
Why Relocation Cases Feel So Difficult
When a parent proposes a move, a child’s life can change dramatically. They may have to leave school, friends, and the regular routine of seeing the other parent. Courts in Australia take relocation cases very seriously because the decisions affect a child’s long-term stability.
Each family’s circumstances are unique, and that is why the guidance of supportive custody solicitors or lawyers is so valuable. They can help you prepare for the process, focus on what matters most, and reduce some of the stress along the way.
The Legal Test: Best Interests of the Child
Every relocation case is considered through one main lens: the best interests of the child. The court looks at:
- The importance of the child maintaining a meaningful relationship with both parents
- Each parent’s capacity to provide for the child’s needs
- How practical it is for the child to maintain contact with the non-relocating parent
- The effect of changing schools, communities, and daily routines
- The views of the child if they are old enough to express them
Parents’ reasons for moving, such as work opportunities or new family connections, are taken into account. However, the child’s wellbeing always remains the central concern.
Interstate Relocation
Even moves within Australia can present significant challenges. In a region like Queensland, travelling long distances often means that regular parenting arrangements become less realistic.
The Family Court will look at:
- The distance and whether travel is practical for the child
- Whether the move disrupts the child’s schooling or healthcare
- What arrangements could be made for school holidays or regular contact
Parents are encouraged to reach an agreement outside of court where possible, but if there is conflict, the court will step in to decide.
International Relocation
International moves are even more complex. They usually mean the child will only see the non-relocating parent during extended holidays or special visits.
The court will ask for:
- Detailed travel and financial plans for visits
- Evidence that the move provides real benefits for the child
- Reassurances that the relocating parent will actively support the child’s relationship with the other parent
Because of the distance and the potential impact on family connections, international relocation cases are carefully scrutinised. Having experienced custody lawyers is essential when preparing for such an application.
How to Prepare if You Want to Relocate
If you’re thinking about moving, preparation is essential. It helps to seek early advice from a local lawyer in Cairns so you understand your rights and responsibilities.
Whenever possible, be open and honest in discussing your intentions with the other parent before making any formal moves. Taking these steps not only strengthens your position but also shows that you are prioritising your child’s best interests throughout the process.
What to Do if You Oppose a Move
If you believe relocation is not in your child’s best interests, you can:
- Gather records of your involvement in your child’s life, such as school activities, sports, or healthcare appointments
- Seek advice quickly from family lawyers in Cairns so that you understand your rights and options
- Consider mediation before going to court, as this may lead to more cooperative solutions
Acting early helps protect your parenting time and gives you a stronger foundation if the matter proceeds to court.
The Court Process Step by Step
If no agreement can be reached between parents, the relocating parent must apply to the court for permission to move. The court does not make these decisions lightly, and there is usually an expectation that mediation or family dispute resolution will be attempted first.
This gives both parents the chance to explore solutions together before the matter becomes a formal court case. If mediation is unsuccessful, the process moves forward to a hearing. The steps generally include:
- The parent who wishes to relocate fills out an application, outlining the reasons for the move and the proposed arrangements for the child.
- Responding to the application by the other parent, including their objections, concerns, and any alternative arrangements they believe would better support the child’s interests.
- Court-ordered mediation or dispute resolution, where a neutral professional helps parents try to reach common ground.
- Interim hearings, where temporary arrangements may be made while the case is ongoing, ensuring the child’s needs are met in the meantime.
- Final hearings, where both parents present detailed evidence, including travel plans, financial considerations, and the likely impact of relocation on the child.
- A decision by the judge, who will carefully weigh all of the evidence and make an order based solely on what best supports the child’s wellbeing and development.
The process can take many months, sometimes over a year if the case is complex or if the court’s schedule is full.
This can seem daunting, but having experienced custody lawyers to prepare your case, gather evidence, and guide you through each stage can help you feel supported.
Take the Next Step With Confidence
Relocation cases can feel overwhelming, but you don’t have to face them alone. Caring and experienced custody lawyers in Cairns can guide you through each stage, explain your options clearly, and help you focus on your child’s wellbeing.
If you’re considering a move or are concerned about your child being relocated, reach out to our supportive family lawyers in Cairns. We can give you clarity, reassurance, and the peace of mind that your child’s future is being protected.
Disclaimer: This blog is intended for informational purposes only and does not constitute legal advice. For guidance tailored to your specific circumstances, please consult a qualified legal representative.