Video chapters
Quick answer
A move that significantly affects a child’s time with another parent should not be treated as an ordinary address change. Check existing orders, seek written agreement where appropriate and obtain advice before moving; the Court decides relocation disputes by considering the child’s best interests and the evidence in the particular case.
About this historical recording
This recording is retained because it explains the issue in plain language and forms part of the Go To Court video archive. The current answer, practical steps and official sources on this page take priority wherever legislation, terminology, institutions, deadlines, penalties or service arrangements have changed.
What to do now
- Read the orders: Check every current parenting order, undertaking and written agreement before making plans.
- Explain the proposal: Prepare the reasons, housing, schooling, support, costs and workable time arrangements.
- Seek agreement safely: Use written proposals or family dispute resolution where appropriate and safe.
- Act before the move: Get urgent advice about an application or response if relocation is proposed, opposed or has already occurred.
Transcript
What you need to know about relocation orders, can my ex-partner move away with my children without my permission? Yes, unless you have a court order in place preventing them from doing so. So what can be done? If you have a court order that the children are to live with you and the other parent relocates the children without your consent, you can instruct a lawyer to file a recovery order in the family court.
A recovery order allows the police to intervene if necessary and return the children to you. If you do not have any orders in place and cannot get access to your children, your lawyer will file a recovery order and at the same time apply for parenting orders in which the court will make orders regarding the children's living arrangements. What does the court take into account when making a relocation order?
In considering whether one parent can relocate the children, the court takes into account a number of factors. First and foremost, the court takes into account the best interests of the child and considers the relationship between the child and the other parent and the likely effect on the children of any changes in circumstances. The court also considers the practical aspects of the move, including the distance the children would have to travel to see the other parent and the costs of travel.
The further away the other parent wants to move often makes it harder for the children to maintain a good relationship with the other parent. The court has to balance these issues with the desires of the parent who may wish to relocate in order to, for example, take up a job opportunity or commence a new relationship. So what do you need to do? If you are concerned about the possible or actual relocation of your children, it is very important to get urgent expert family advice.
Go To Court Lawyers operates a legal hotline on the retired Go To Court contact number (omitted), where you can talk directly to a lawyer from 7am to midnight, seven days a week. Your call will be treated with the strictest confidentiality and without judgment. The lawyer will assess your matter and recommend a course of action. Should you need a court lawyer, even if it is at very short notice, the legal hotline staff will be able to arrange legal representation for you.
You can also request a call back via the website gotocourt.com.au and a lawyer will call back to assess your matter.
Current sources
Sources checked 4 September 2026.
Important
This page provides general information only; it is not legal advice and does not take account of your circumstances. The embedded video is a historical recording. Laws, court arrangements, procedures, fees, deadlines and official guidance can change. Check the current sources above and obtain advice from a qualified lawyer about your situation.