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Relocation matters are determined using the same legislative pathway as any other parenting matter. 

The primary difference is that the Judge effectively must make a specific finding that the child spending equal time or substantial and significant time is reasonably practicable having regard to the factors listed in Section 65DAA(5) of the Family Law Act.

From the relevant case law, the following considerations have been identified as being more relevant to relocation matters:-

1. the nature of the child’s relationship with each of the child’s parents and other persons (i.e. the new partner of a parent, siblings – including half or step siblings from a new relationship, grandparents, extended family).;

2. The extent to which a parent has taken or failed to take the opportunity to participate in decision-making, spend time and communicate with the child;

3. the likely effect of changes in the child’s circumstances including the effect on the child of any separation from either parent, other child or other person with whom they have been living;

4. the practical difficulty and expense of a child spending time and communication with a parent and whether that will substantially affect the child’s right to maintain personal relations with both parents on a regular basis; and

5. the capacity for each parent and any other person to provide for the needs for the child – this includes financial and emotional needs.