Preparing a parenting relocation application
Relocation cases are some of the most difficult in parenting law. The court applies the best interests of the child framework in Part VII and weighs the competing proposals rather than treating relocation as a separate legal category.
This is an 8-step workflow for preparing a parenting relocation application where one parent seeks to move with the child to a location that would materially affect the other parent's time.
Before you start
- Genuine steps certificate (s 60I) obtained where required
- The proposed relocation is identified with specificity
- Current care arrangements are documented
- The reasons for and against relocation have been canvassed with the client
The workflow
Map the current and proposed arrangements
Map the current parenting arrangements (time, communication, schools) and prepare a concrete proposal for post-relocation arrangements including travel logistics.
Apply the best interests framework
Work through the s 60CC factors, focusing on the benefit of a meaningful relationship, safety considerations, and the child's views where age-appropriate.
Analyse relevant authority
Review AMS v AIF, U v U, and more recent appellate decisions on relocation to understand how similar facts have been treated and build the reasoning for the client's position.
Collect evidence for the reasons for move
Document the reasons for the proposed move — employment, family support, health, cost of living — with supporting evidence such as job offers, medical reports, and family statements.
Consider expert evidence
Consider whether to seek a family report, Independent Children's Lawyer, or single expert evidence on attachment, schooling, or cultural issues.
Draft the Initiating Application and affidavit
Draft the Initiating Application, supporting affidavit and Notice of Child Abuse if applicable. Include alternative proposals in case the primary proposal is refused.
File, serve and attend first return
File the application through the Commonwealth Courts Portal and serve the other party. Prepare for the first return date and any interim applications.
Prepare for hearing
Prepare witness outlines, trial bundle, and opening submissions. Finalise expert conclave if applicable and confirm trial estimates with the court.
What you will have at the end
Parenting orders that either permit the proposed relocation (with updated time arrangements) or require the child to continue living in the current area, based on the court's assessment of the child's best interests.
Common issues
- Framing the case as a relocation case rather than a best interests case
- Failing to provide concrete travel and communication proposals
- Not addressing the impact on the child's relationship with the other parent
- Overlooking section 60CB procedural requirements
- Insufficient evidence supporting the reasons for the move
Run this workflow on a real matter
Quillio drafts the affidavit and submissions by mapping your evidence against the s 60CC factors and relevant authority on relocation. See /practice-areas/family-lawyers or start a free trial.
This workflow is a general guide. Relocation is highly fact-specific — adapt this workflow for the circumstances of the matter.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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