Relocation and Parenting Orders in NSW: What Separated Parents Need to Know
What Is a Relocation Dispute in Family Law?
In Australian family law, a relocation dispute occurs when one parent wants to move with their child in a way that affects the child’s time with the other parent. This includes:
- Moving to a different suburb, or state
- Relocating overseas
- Any move that disrupts existing parenting orders or informal arrangements
Legal action may be required if relocation interferes with the child’s relationship with the other parent and occurs without consent.
What Does the Law Say About Relocation in NSW?
Under the Family Law Act 1975, the term “relocation” isn’t used directly, but the law governs where a child lives and how parenting arrangements are structured. The best interests of the child remain the central focus under Section 60CC.
Courts consider:
- The child’s relationship with each parent
- The impact of relocation on the child’s emotional and psychological wellbeing
- The practicality of maintaining contact with the non-relocating parent
- Any history of family violence or safety concerns
There is no automatic right to relocate with a child. Each case is assessed individually.
Can You Move Without the Other Parent’s Consent?
No. If you relocate a child without the other parent’s agreement or a court order, it may be considered unilateral relocation. The court may issue a recovery order requiring the child to be returned.
Steps to Take If You’re Considering Relocation
- Seek Legal Advice Early A family lawyer can assess your situation and guide you through the legal process.
- Attempt Family Dispute Resolution (FDR) Mediation is often required before court proceedings unless exemptions apply (e.g. family violence).
- File an Application for Parenting Orders If agreement isn’t reached, you may need to apply to the Federal Circuit and Family Court of Australia for permission to relocate.
- Prepare Evidence Courts will expect detailed plans showing how the child’s needs will be met post-relocation, including schooling, housing, and contact with the other parent.
How Parenting Orders Are Adjusted After Relocation
If reloation is approved, the court may:
- Vary existing parenting orders
- Set new arrangements for communication (e.g. video calls, holiday visits)
- Consider travel costs and responsibilities
The goal is to preserve the child’s relationship with both parents wherever possible.
Need Help With a Relocation Dispute?
At Greigs Legal, we understand that relocation decisions are never simple, especially when children are involved. Our experienced family lawyers in Sydney provide clear advice, strategic guidance, and strong representation to help you protect your rights and your child’s wellbeing.
Whether you're seeking permission to relocate or responding to a proposed move, we’re here to support you every step of the way.
Call us today on (02) 4647 2968 or submit an enquiry online to arrange a consultation with a family law solicitor.
