Any application whereby a party seeks to relocate with children of the marriage may fairly be said to involve complex issues. When hearing such applications, the court shall have regard to a number of factors, for example:

  • Whether relocation shall provide better employment prospects, financial security or financial opportunities to the parent who proposes to relocate with the children
  • Whether the parent who proposes to relocate the children has family or any other emotionally supportive network available to them in the country or state to which they wish to relocate with the children
  • The arrangements available to the party who is not intending to relocate to ensure that the children have the ability to have a meaningful relationship with that party
  • The parties’ capacity for implementation of a custody arrangement
  • The parties’ capacity to effectively communicate in relation to parenting and any difficulties which may arise in such regard.

Ultimately, the child’s best interests shall determine whether or not relocation shall be ordered. Simply put, if, from the child’s viewpoint, the disadvantages of relocation outweigh the benefits of relocation then relocation will not be ordered.


Scroll to Top