Getting a Relocation Order: Odds of Winning a Relocation Case Australia
What are the odds of winning relocation cases in Australia? It is difficult to say, as each case is quite unique and the outcome is highly dependent on these unique circumstances.
However, there are standard considerations in every relocation case that are critical to the decision-making process. This includes the child’s right to have a meaningful relationship with family member and the right of parents to spend time with their children to nurture those relationships that are in the child’s best interests.
If you’re considering seeking relocation orders, it’s best to seek legal advice from experienced family lawyers to help you navigate the process and, if needed, present the best possible case on your behalf.
How to Get a Relocation Order
Whether you are the relocating parent or non-relocating parent, you are eligible to apply for a relocation order – either to be granted permission for the proposed relocation or as an attempt to stop a child relocation. You would only submit an application for a relocation order in cases where the individuals with parental responsibility cannot come to an agreement between themselves regarding to move.
To apply for a relocation order, you will need to:
- Seek legal advice as soon as possible: if you have been unsuccessful in discussions with the other parent regarding a relocation, the first step is to seek legal advice on any existing parenting arrangements or agreements, your rights as a parent, and the role of the legal system in this circumstance.
- Schedule a mediation meeting: the next step, if a private agreement between the parties is not possible, is to schedule mediation for the parties involved. Mediation is designed to manage conflict resolutions in legal matters, such as family law matters, to avoid taking the matter to Court - which can often take a lot longer and will be more expensive.
- File an application to the Family Court of Australia: if mediation was unsuccessful in negotiating a new parenting agreement to accommodate a relocation, the next step is to file an application to the Court for a relocation order. In this circumstance, it will be up to a judge to decide whether or not to grant permission for the relocation or grant orders to stop a relocation.
The decision will be informed by the Family Law Act, the reasons for the relocation (this could include a need for family support, risks of family violence, etc.), and what is considered to be in the best interests of the child (such as the child’s relationship with both parents and right to spend substantial and significant time with both parents).
What are the Chances of Winning a Relocation Case?
According to the Australian Institute of Family Studies prior to the 2006 reforms, 57% of relocation family law applications were approved with 43% rejected. Currently there are no solid contemporary statistics on the rate of success regarding relocation cases.
In saying this, there is no general rule of thumb as to whether a relocation family law order will be approved or not, making the outcome of a case impossible to predict. It would be reasonable to presume that winning a relocation case is challenging, which is why it’s important to seek legal advice.
There are a variety of factors that are taken into consideration by the Court in a relocation case. These factors include:
- The best interests of the child or children: examples include ensuring the child has a meaningful relationship with both parents, or ensuring the child/children are not at risk of physical or psychological harm in either circumstance, or the impact of the relocation on the child's wellbeing and mental health.
- The reasons for the relocation: the reasons for relocating can be wide-ranging and are unique to the circumstances of the family. Common reasons for a relocation include employment opportunities, access to family support, or medical needs.
- The potential impact on the non-moving parent: how the parent being 'left behind' will be impacted by the relocation is a consideration of the Court, especially where parenting orders have considered a relationship with this parent is in the child's best interests. It is worth having a plan for how to reduce this impact and facilitate the relationship between the child/children and the non-relocating parent.
How to Improve Your Odds of Winning a Relocation Case
There are a number of strategies you can use to improve your chances of a successful relocation case. These include:
- Engage Legal Representation: working with an experienced family lawyer will drastically improve the overall experience of seeking relocation orders. Not only will a family lawyer help you navigate the process and steps involved, but they can assist you in presenting the best case to the Court.
- Compelling Reasons: Whilst one parent does not need to satisfy the Court of a compelling reason for the move, in some cases there will be reasons for the move which can assist a persons case such as employment opportunities, familial support or medical reasons.
- Propose Co-Parenting Plans: make sure you have a plan to propose to help maintain the relationship between your child/children and the other parent. If you can show that you have a plan for reducing the impact of the move on the both the child/children and the non-moving parent, that can make a significant difference to the outcome of your application.
Need a Family Lawyer? Call Burke Mead Lawyers Today
Relocation orders exist to protect the best interests of children in cases where one parent wishes to relocate and may impact the time spent with the other parent or important adults in the child’s life.
The team at Burke Mead Lawyers are experts in family law matters, including relocation orders and parenting orders. Our legal team can assist you throughout this process to protect your legal rights –contact Burke Mead Lawyers today.
About the Author
Ebony Purcell
Ebony Purcell is an Associate in the Family Law Team at Burke Mead Lawyers. Ebony’s experience as a solicitor exclusively in family law spans more than 10 years advocating for her clients. She also regularly appears for clients in the Federal Circuit and Family Court of Australia both locally and throughout the country.
