Relocating with children after separation can feel overwhelming — emotionally, financially, and legally. Every decision affects your child’s stability, education, and relationship with both parents.
From gaining consent to ensuring proper care arrangements, Queensland and Australian family law outline clear steps to protect children’s best interests during relocation.
This guide explains the legal requirements, practical steps, and emotional considerations for moving with children after separation in Queensland.
Please note: This is general information only and not legal advice — please contact VM Family Law for accurate, tailored advice. Our full contact details can be found here: www.vmfamilylaw.com.au/contact
Understanding Your Legal Rights
Can You Relocate with Children After Separation in Queensland?
In Queensland, relocation involving children is not a decision one parent can make alone. Under the Family Law Act 1975 (Cth), both parents usually share parental responsibility for major long-term decisions, including where a child lives.
If a move affects the existing parenting arrangements or limits the other parent’s time with the child, you must either:
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Obtain written consent from the other parent, or
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Apply to the Federal Circuit and Family Court of Australia (FCFCOA) for a relocation order.
When parents agree, they can formalise the arrangement through a parenting plan or by applying for consent orders. If there is disagreement, the parent seeking to move must obtain court approval.
The court will always base its decision on the best interests of the child, considering emotional, educational, and relational impacts.
What Are the Legal Requirements for Moving with Children?
If the relocation would significantly change a child’s time or communication with the other parent, the law requires formal steps before proceeding. Parents must consider:
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Parental consent: Both parents must agree, or a court order must be granted.
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Family Dispute Resolution (FDR): Parents are generally required to attempt mediation before applying to court, unless exceptions apply (such as family violence or urgency).
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Relocation application: If mediation fails, the relocating parent must apply to the court for permission.
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Child’s best interests: The court examines each parent’s capacity to maintain the child’s emotional stability and relationships.
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Impact on schooling and routine: The move must not cause unreasonable disruption to the child’s education or daily life.
Seeking early advice from a qualified family lawyer ensures all steps are handled properly and lawfully.
12 Practical Tips for Relocating with Children
Relocating after separation involves balancing logistics, legal duties, and emotional care. These steps can help make the transition smoother:
1. Choose the Right Location
Select a community that provides stability and access to good schools, services, and proximity to the non-relocating parent if possible.
2. Understand Legal Requirements
Confirm whether your move affects parenting arrangements. Obtain consent or seek legal approval before relocating.
3. Talk to Your Child
Explain the move in age-appropriate terms, emphasising the positives such as new opportunities and connections.
4. Create or Update a Parenting Plan
Document clear arrangements for time with both parents, holidays, and communication. Parenting plans can later be formalised into consent orders.
5. Budget for the Move
Plan for costs such as transport, rent, new schooling, and potential travel for visitation.
6. Maintain Routines
Keep bedtime, meals, and school routines consistent to provide comfort and predictability.
7. Build a Support Network
Join local community or parenting groups and connect with your child’s new school early.
8. Involve Your Child in Small Decisions
Allow your child to choose room decorations or explore the new neighbourhood to build excitement.
9. Communicate with the Other Parent
Keep discussions open and respectful. Use written communication or parenting apps if needed.
10. Support Your Child Emotionally
Acknowledge your child’s feelings and seek counselling support if adjustment is difficult.
11. Prepare for School Changes
Inform the school about your child’s situation to ensure a supportive transition.
12. Look After Yourself
Self-care helps you stay strong for your child. Reach out for counselling, exercise, or quiet moments to recharge.
Frequently Asked Questions (FAQs)
Can I relocate with my child after separation in Australia?
No, not without consent. If you share parental responsibility, you must obtain the other parent’s agreement or apply to the family court for permission before relocating with your child—especially if the move affects their time with the other parent.
Do I need the other parent’s permission to move interstate with my child?
Yes. If the relocation impacts the other parent’s time or relationship with the child, their consent is required. Without it, you must seek court orders allowing the move.
What happens if I relocate without the other parent’s consent?
Relocating without permission or a court order can result in legal action. The court may order the child’s return, and your actions could negatively impact future parenting decisions.
How does the court decide if I can relocate with my child?
The court prioritises the child’s best interests. It considers factors like the reason for the move, impact on the child’s relationship with the other parent, education, emotional well-being, and whether meaningful contact can still occur.
Can a parent stop me from relocating with our child?
Yes. If a parent disagrees with the relocation, they can apply for a court order to prevent it. The court will decide based on what best supports the child’s needs and rights.
Can I move with my child within the same city or region?
Small moves within the same area usually don’t require consent unless they significantly affect the parenting arrangements or the child’s ability to spend time with the other parent.
What should I do if I want to relocate with my child?
First, seek legal advice. Try to reach an agreement with the other parent. If that’s not possible, apply to the Federal Circuit and Family Court of Australia for relocation orders based on the child’s best interests.
Final Thoughts
Relocating with children after separation is a major decision — and one with serious legal and emotional consequences. At VM Family Law, we help parents understand their rights, navigate relocation applications, and resolve parenting disputes with care and clarity.
Whether you’re seeking to move or responding to a proposed relocation, our team offers compassionate, expert legal support tailored to your family’s needs. We also provide assistance with child support, family dispute resolution, and other family law mediation services, ensuring every step is legally sound and in your child’s best interests. Don’t make this journey alone — the right legal advice can make all the difference.
Call VM Family Law on (07) 3447 8966 or visit www.vmfamilylaw.com.au to speak with a dedicated Queensland family lawyer today. Your child’s wellbeing — and your peace of mind — are worth protecting.
Official Information Sources
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Queensland Law Handbook – Parenting Orders and Relocation
https://queenslandlawhandbook.org.au/the-queensland-law-handbook/family-law/parenting-orders-and-parenting-plans/parenting-orders/ -
Queensland Government – Families and Legal Relationships
https://www.qld.gov.au/families/legal -
Queensland Law Society – Family Law Legal Support
https://www.qls.com.au/
