Divorce Guide

Relocation of custodial children after Divorce

You may want to relocate with your custodial child but for that you will have to take legal help. As there are a lot of things involved when you want to move a custodial child out of state here are some points which will focus on what all can be done if you are facing such a situation.

Many states may want to see the best interest of the child while you want to relocate with your custodian child. You will have to seek permission in case you have a minor child with you. In case you do not follow these rules, your relocation with the child may be considered as abduction. To avoid any legal complications, you can do the following:

1. You may need the permission of the other parent for relocation with the child
2. You can relocate if you can get a court order in favor of relocation. However, you cannot get a court order for relocation in case it is proved that you are relocating to interfere with the other parent’s rights to visitations and parenting time.

Professional help during relocating

It is best if you take legal help of an attorney in case you want to relocate with the child. You may need to notify the other parent regarding your relocation. There is a need to modify the existing parenting plan due to relocation. There arises a need for changes regarding visitation and other parenting rights of the other parent. You will have to make changes in the child support schedule during relocation.

Factors considered while determining the relocation of the child are as follows

1. The duration of the child’s relation with the parent
2. The nature and involvement of the parent with the child’s affairs
3. Age of the child and need of relocation
4. Impact of the relocation on the child with regards to education, emotional and physical state
5. Special needs of the concerned child
6. Preferences of the child and its relation with the non-relocating parent
7. Opportunities for the parent and the child after relocation.
8. Effect on the welfare of the child and other things mentioned in section 518B of the Family Law.

Australian laws and relocation of the child

There are some provisions regarding the relocation of child in the Family Law. There are some alternative arrangements to the relocation of the child. It considers options like, if the non-custodial parent can move closer to the child if the relocation is permitted. It considers if the non-custodial parent is willing to take the primary responsibility of the child in case the relocating parent moves out without the child. In this case, the courts can reframe the custody orders considering the child’s best interest.

Thus, there are a number of complications while you relocate with a custodial child. You should consider the legal procedures according to Australian laws for relocation.

Divorce Advice for Australians
Child Custody in Australia
Child Support in Australia
Divorce Laws in Australia
Divorce & Legal Assistance in Australia
Divorce Rights in Australia
Filing for Divorce in Australia
No Fault Divorce in Australia
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