Parents moving
On this page:
There are laws about moving children and the recovery (return) of children. Some of these laws are complex and/or you may need to take urgent action. Seek legal advice immediately.
Can the children move house?
If the children move house and the distance affects their contact with another person who is important to their care, that person can apply to the court to stop the children leaving (restraining order) or have the children returned (recovery order).
If you want to move, and the other person does not agree, you may need to ask the court for permission. The court must look at whether it is in the children's best interests, balanced against your freedom to move.
Court approval to move may take a long time. There is no guarantee that you will be allowed to move. Do not assume it is all right to move because there are no court orders in place.
Can a parent move?
If your ex-partner does not agree to you taking the children from the family home, or to move to another area which will affect the children seeing them, you should get legal advice.
The law is changing in this area. If you and the other parent share equal parental responsibility for the children, you should consult each other and make a genuine effort to come to a decision together about major long-term issues.
Parents must share the decision making if there are changes to children's living arrangements which will make it significantly more difficult for them to spend time with a parent.
If you would like some assistance in trying to come to an agreement with your ex-partner, the staff at a Family Relationship Centre, Legal Aid Office or other family dispute resolution service may be able to assist.
If you and your ex-partner cannot agree and your ex-partner applies for orders, you may be ordered to return the children.
If there is violence or child abuse and you and your children are at risk or have to move in an emergency, get urgent legal advice and other support. If you and the children are at immediate risk of harm, get help from the police.
Family dispute resolution through a Family Relationship Centre or other family dispute resolution service may not be appropriate in these circumstances. Legal Aid Queensland, Family Relationship Centres, or the Family Relationship Advice Line can refer you to specialist family violence services in your area.
If you have parenting orders get legal advice if you are at risk of breaking them. If you or your children are at risk of harm get urgent legal advice and get other support.
Acknowledgement - Prepared using fact sheets which are copyright to the Commonwealth of Australia and National Legal Aid.