Relocation cases are often challenging because there are often many legitimate competing interests that the Courts must consider, although the ‘best interest’ of the child will always be paramount.
For example, in one case, a mother made an application to the Court to relocate her 13-year-old daughter. The mother had remarried, and her husband had been employed in the new place for 12 months prior to her application. The mother’s eldest daughter, who was 18 years old, had willingly moved and was living with her stepfather while completing her education. The mother sought to speed up the final hearing so that she and her family could have certainty moving forward. The father opposed the relocation application and an earlier trial date on the basis of his poor health. It was the father’s position that his poor health would prevent him from sufficiently preparing for the trial.
The father was successful in having the trial date removed; however, the Court then made orders for an interim hearing to consider the issue of relocation. The Court was concerned that without a decision, the parties and, importantly, the child would be left in a state of uncertainty. The Court made interim orders to allow the relocation of the child. In this case, the Court considered the child's strong views, the separation of siblings, and the child's attachment to each parent.
If you are considering relocating with a child or are concerned about a potential relocation of a child, call us today to book in for a free, no-obligation 15-minute clarity call with one of our experienced family law solicitors at 1300 414 855.