Family Law Library

Can I relocate overseas with my children?

If a parent moves away that move may affect the children’s ability to spend time with the other parent.

If there are court orders you need to check whether the move will breach the order. If it is likely you will be in breach if you move then you need to have the orders varied either by consent or by the Court. You must do this before you move.

Where there is a parenting plan or informal agreement for your children to spend time with the other parent, the Court could be asked by the other parent to issue an order which stops you from leaving.

If there are no existing Court Orders in place, you can move overseas if the other parent consents to you relocating.

If the other parent does not consent to the move you will need to obtain a Court Order.