Applying to relocate interstate with a child under the Family Law Act 1975 (Cth)
Interstate relocation with a child is one of the most contested areas of family law. There is no presumption for or against relocation — the court determines each case on its merits, with the best interests of the child as the paramount consideration. The 2023 amendments to the Family Law Act removed the twin presumptions and simplified the best interests factors.
This is an 8-step workflow for a parent seeking to relocate interstate with a child, addressing the best interests of the child framework, disclosure obligations, and the court process under the Family Law Act 1975 (Cth).
Before you start
- Current parenting orders or parenting arrangement identified
- The proposed relocation destination, reason, and practical arrangements
- A genuine proposal for the child's ongoing relationship with the other parent
- The child's views (where age-appropriate) considered
The workflow
Assess the best interests factors
Analyse the proposed relocation against the best interests factors in s 60CC of the Family Law Act. Consider what arrangements would promote the safety of the child, the benefit of a meaningful relationship with both parents, and the practical impact of the relocation on the child's life.
Attempt genuine negotiation or mediation
Before filing, attempt to resolve the matter through negotiation or family dispute resolution (FDR). Obtain a s 60I certificate if FDR is unsuccessful or inappropriate. The certificate is required before filing an application unless an exemption applies.
Prepare a detailed relocation proposal
Draft a written relocation proposal setting out: the reason for the move, the new location, housing and schooling arrangements, the proposed parenting schedule post-relocation, travel arrangements for the child, and how the other parent's relationship with the child will be maintained.
File the initiating application
File an Initiating Application (or an Application in a Case if existing orders are being varied) in the Federal Circuit and Family Court of Australia. Attach the s 60I certificate, a genuine steps certificate, and the Notice of Risk.
Apply for an interim order if urgent
If the relocation is urgent (e.g. tied to employment start date or family safety), apply for an interim order permitting the relocation pending the final hearing. Address the factors in Goode v Goode and the impact of delay on both the relocating parent and the child.
Prepare affidavit evidence
Swear an affidavit deposing to the reasons for relocation, the proposed arrangements, the child's current circumstances and needs, and how the move serves the child's best interests. Annex supporting documents: employment offer, school enrolment, housing arrangements.
Attend conciliation and comply with directions
Attend the first return date and any court-ordered conciliation conference. Comply with directions for filing of affidavits, family report (if ordered), and any independent children's lawyer involvement. The family report carries significant weight in relocation cases.
Present the case at final hearing
Present evidence and submissions at the final hearing. Address each best interests factor, the practical proposals for the child post-relocation, and any family report recommendations. If the order is made, implement the new parenting arrangements and maintain the agreed contact schedule.
What you will have at the end
A court order permitting or refusing the interstate relocation, with a detailed parenting order reflecting the arrangements for the child's ongoing relationship with both parents.
Common issues
- Relocating before obtaining court permission, which may be treated as unilateral action
- Presenting a relocation proposal that does not adequately address the other parent's ongoing relationship
- Not obtaining the s 60I certificate before filing, causing the application to be rejected
- Underestimating the weight given to the family report in relocation decisions
- Failing to provide a genuine and practical alternative parenting schedule for the non-relocating parent
Run this workflow on a real matter
Quillio analyses relocation proposals against the best interests factors, drafts affidavit evidence, and identifies relevant relocation authorities. See /practice-areas/family-lawyers or start a free trial.
This workflow is a general guide. Relocation cases are highly fact-specific — always tailor the approach to the individual circumstances and the child's needs.
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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