If you wish to relocate interstate or overseas with the child, you should definitely first obtain the consent of the other parent unless there is already a Court Order permitting you to do so.

If the other parent does not consent to the move, you will need to obtain a Court Order permitting you to move with the child before you carry out the move (“relocation order”). If you move prior to having obtained the other parent’s consent or a Court Order, the other parent may be able to obtain a Court Order forcing you to return the child (“recovery order”) and the Court may take an unfavourable view of your decision to unilaterally move with the child.

Whether you will be granted a relocation order or recovery order depends on many factors. International relocation and recovery orders are particularly complex. We are able to provide you with more detailed advice if you contact us for further information.