Family Law Library

I want to move out of the area – can I just take the children or do I need the other parent’s permission?

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.

If there are no Court Orders you will not be breaching any orders by moving. 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 stopping you from leaving.

You can move away 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.