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Relocating after Separation

Relocating after Separation

Friday 15th of February 2019
By: Harry Higgs, Solicitor, Coote Family Lawyers

May you always be somewhere you are celebrated, not somewhere you are tolerated!

I've separated from my partner and want to move with my children, who decides where I can go?
What do I need to consider before we move?

Following a separation, more often than not it is inevitable that one parent will be required to move out of the former matrimonial home.  However, many people do not realise the consequences of moving with their children without the consent of the other parent.

In the context of family law, moving with your children whether it be interstate, internationally or simply to another town, is called relocating.  Often, relocating becomes an issue in circumstances where moving with the children would result in the other parent’s contact with the children being limited or inhibited.

In the event that you and your former partner cannot reach an agreement, you can ask the Court to make a determination as to whether you should be allowed to move.

In determining if you should be allowed to relocate with your children the Court will consider whether it is in their best interests to do so. If you are considering relocating, you should obtain specialised family law advice prior to making any decisions.  In the event that you relocate without your former partner’s consent or a Court Order there may be significant legal ramifications.

If you are considering relocating with your children, contact Melbourne's best family law firm for specialised advice on 9804 0035.

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