Relocation Or Travel
When a party seeks to relocate or travel with a child/ren following separation, the other party may be heavily impacted, as it may significantly affect how much time is spent with the child/ren, regardless of whether the move is on a permanent or temporary basis. Relocation and travel need to be discussed with the other party.
Relocation and Travel
Depending on how much the travel plan or relocation impacts on the remaining parent, the Court may or may not permit the move. In this instance, communicating with the other party outside of Court would be in the best interests of the party seeking to move, and of course limiting the involvement of the Court is in everyone’s best interest.
Relocation – When One Party Does Not Agree
An application is required to be made to the Court and orders will be made following the Court’s consideration of what is in the best interests of the child/ren. If a relocation occurs prior to the Court’s determination or simply without the other party’s consent, then the Court has the power to make an order for the return of the child/ren until a binding decision is made.
After separation, travelling with your child/ren becomes very different, and the party who wants to travel needs to keep in mind the other parent and any existing travel agreement. Approval from the other parent should be sought soon after the decision to travel arises, to ensure an agreement can be reached in good time.
Also, further arrangements should be made about notifying the other parent as to the destination for travel, how the child/ren can be contacted while away, and where the child/ren will be staying and travelling to throughout the trip. If the parties are able to come to an agreement regarding travel, then it is not necessary for the Court to be involved.
Travel – When One Party Does Not Agree
If one parent is attempting to travel with the child/ren and the remaining parent will not agree to the travel plans, either party can make an application to the Court for an Order to be made to either permit or prevent the travel. The party making the application must provide the Court with an accompanying Affidavit (a document that provides the details of the application). For example, if seeking prevention of travel there would need to be a detailed explanation as to why the travel should not be allowed.
The Court has the power to make Orders in relation to a party obtaining a passport for a child, handing over an existing passport, and preventing or permitting travel.
Senior Associate Lawyer