Moving with your child after separation

Relocation cases are difficult because there is often no arrangement that gives both parents what they need. One parent has a genuine reason to move; the other has a genuine relationship to protect.

The notice requirement

A parent planning a move that will significantly affect the child's relationship with the other parent must give written notice — generally at least 60 days — setting out the proposed date, the new address, and a proposal for how parenting time will work afterward. The other parent then has a defined window to object.

What courts weigh

• The reason for the move
• The child's existing relationship with each parent
• Each parent's compliance with their obligations to date
• Whether a workable proposal for continued parenting time exists
• The impact on the child of moving, and of not moving
• Family violence, where relevant

The mistake that damages a case

Moving first and seeking permission afterward. Courts take this seriously, and an unauthorised move can result in an order to return the child. Even where the reason for the move is entirely sympathetic, the process matters.