Professional Family Lawyers Working Across Newcastle, Central Coast, and Hunter Region
Burke Mead Lawyers are experienced family lawyers, assisting clients with a range of family law matters including relocation orders. As experts in family law, we support our clients with a range of legal services and professional advice to resolve legal disputes.
Our family-focused services are delivered by a dedicated legal team of experienced family lawyers. Our experience with the Family Court, legal proceedings, mediation and knowledge of parental responsibility, parenting orders and relocation orders can help guide you and your family to the best possible outcome.
For practical legal advice regarding your circumstances and legal needs, contact Burke Mead Lawyers to book a private and confidential consultation.
What is a Relocation Order in NSW, Australia?
Moving with your child/children to another town, state or country is known as relocation and you will need to seek permission from the Court – especially if there is a parenting arrangement or custody agreement in place.
In Australia, the Family Court makes a relocation order, which either allows or prevents a child and relocating parent from moving away from the other parent. This order will apply whether the move in question is to another city, state or country. The Court may decide to deny permission to move if it is going to impact the amount of time that your child lives/spends with a parent or another significant person in their lives.
Whether you are a relocating parent seeking an order to approve the move or non-relocating parent seeking an order to stop a relocation, you would need to apply for this type of court order. Before applying to the Family Court for a relocation order, you should seek legal advice.
This is especially important if there are other factors to consider such as a family violence and the potential for physical or psychological harm to occur. The Court also considers:
- the child’s living arrangements at present
the child’s relationship with the other parent and family members
available family support
- possibility of maintaining a meaningful relationship with the non-relocating parent
- what is in the best interests of the child
The parents and significant family members should discuss the move between themselves first and try to come to an agreement. If this fails, it is best for all parties involved to seek legal advice as soon as possible.
The Benefits of Working with a Family Lawyer on a Recovery Order
Seeking legal representation is highly recommended when it comes to family dispute resolution, including difficult legal situations like applying for relocation orders.
As experienced family law specialists, we work with you to apply for the relocation order and guide you through the process from beginning to end. Our objective is solely focused on securing the best possible outcome that is in the child’s interests.
Burke Mead Lawyers are specialists in family law disputes and are one of the leading family law firms operating in Newcastle, the Central Coast, and the Hunter Region. Contact Burke Mead Lawyers today for more information or book a consultation.
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Relocation Orders NSW FAQs
If a parent or another adult has relocated with your child/children without a relocation order, you can apply for a recovery order. Under section 67Q of the Family Law Act 1975, a recovery order is an order of the Court which can require a child to be returned to:
a parent of the child
a person who has a parenting order which states the child is to live with, spend time with, or communicate with, that person, or
a person who has parental responsibility for the child.
You may be eligible to make recovery orders if:
your child/children normally live with you and your child is in someone else’s care who is refusing to return them to you;
you have parenting orders and the other party is not acting in accordance with those orders by withholding the child from you.
How long a relocation order takes will depend on whether or not the family court judge reviewing the application believes the case is urgent or not. It is impossible to at how long this process might take, as it depends on your individual circumstances. This is why it’s best to seek legal advice as soon as possible.
If a relocation order has been successful, you can contest the application if you believe the relocation is not in the best interests of your child/children. To do this, you will need to file a Response to Initiating Application and include an affidavit outlining your reasons for opposing the relocation. It’s best to speak with an experienced family lawyer before responding to the order to ensure you make the best possible case.
The short answer is no, legal representation is not a requirement to apply for a relocation order or to contest a relocation order. You are also not required to seek independent legal advice before making your application. In saying this, family law is a complex area of law and it can involve a lot of administrative work. To give yourself the best chance of success and peace of mind throughout the process, you may want to seek independent legal advice and assistance in navigating the family law system.
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