When parents separate, one of the most difficult issues is deciding on the right care arrangements for their children. These arrangements generally cover where the children will live and how much time they will spend with each parent. Matters can become more complex if parents plan to live far apart, particularly across states or regions.
While courts often prefer that children remain in their familiar home environment, relocation can sometimes be in the child’s best interests. This may involve moving closer to school, extended family, or even relocating interstate with one parent.
Parents may reach an agreement about custody and time arrangements privately or with the assistance of the court. However, conflict can arise if one parent does not comply with the agreement or court orders, which may cause stress and disruption for the children.
If you are facing this situation, the first step is to attempt an agreement with the other parent. If that is not possible, you may need to make an application to the Federal Circuit and Family Court of Australia to resolve the matter.
The Court’s primary focus is always the best interests of the children, guided by two key considerations:
- The benefit of the child having a meaningful relationship with both parents; and
- The need to protect the child from physical or psychological harm due to abuse, neglect, or family violence.
Other factors may also be considered, such as the child’s relationship with each parent and extended family, their maturity and views, any history of family violence, and significant changes in circumstances.
Parenting orders provide clarity by setting out where the children will live, the time they spend with each parent, and how they will maintain communication with the parent they do not live with.
If you need help reaching an agreement or commencing proceedings, please contact our office. We are here to help guide you through this difficult process with care and clarity.
