Relocation Part 1 - Consent

by Lorrie Brook / OCA / 31 May 2015

This week we have been emailed through a question – “I have been offered a job interstate – should I take it?”

Firstly congratulations on the job offer before you accept it though there are some things that you need to think through; and I thought that some of you may relate to this which is why I am answering it via our blog!

My disclaimer – I don’t know anything about your personal situation (I don’t know if you have any court orders or not) either way you really need to seek independent legal advice! We aren’t here to give this to you – please go and see a Solicitor. This is just general information!

As a general rule of thumb before you make any move long distance, if the children are with you, you need the other parent’s consent. What constitutes long distance really varies. If you live in Queensland it is no good to say have a general embargo that you can’t move interstate when a move from Brisbane to Townsville is heftier in travel time then a move from Brisbane to Tweed Heads. You need to be practical when you think about what constitutes long distance travel. There will also be a greater onus on you if the children are living with you as opposed to the parent who spends time with the children. If you are the parent spending time with the children and you want to move; really no one can stop you the only thing that can stop you is you! You may determine that you want to spend that regular and frequent time with your children and by moving that will not be possible. If it is that the move may be more financially beneficial for you then you need to stop and think about the practicalities and whether the financial gain you intend to receive will actually exist in the long run? What do I mean well firstly you will have increased travel cost to enable you to spend time with your children, possibly an increase in child support, what about vacation care, babysitters if the children are with you and you need to work.

If you are the parent who has the children with you it is not as easy for you to move, not only do you need the other parent’s consent but you also need to think about the impact that the move will have on your children. What impact will there be on changing the children’s schools, moving away from family and friends and possibly going somewhere with no support network in place.

We will discuss this more but these are just some pointers to get you thinking as to whether this move is right for you.