QLD Custody of Children and Relocation Overseas?

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1 December 2014
My ex and I have been separated for two and a half years. I have a new partner and my ex has a new family. Our son has lived with me since the separation, and has not kept consistent visitation until he met his new partner in 2013 (custody of children).

My partner has had to move to New Zealand for work. I'm left living with my mother in her home as we can't afford two separate rents in two separate houses.

What are the chances in family law of relocating to New Zealand with my four year old son?

Sarah J

Well-Known Member
16 July 2014
Melbourne, Victoria
Hi Holly,

There are quite a few threads on relocation of children after separation. I suggest taking a look at these LawAnswers Family Law Forum threads:
- "Separation and relocation with children"
- "Right to relocate children"

Basically, where there is no custody order or agreement in place, you can relocate. However, your ex-partner would be within their rights to apply for an urgent recovery order for your the return of your son. So this is unadvisable. The best option is to mediate and agree.

If you end up in court, the court will consider what is in the best interests of the children. This will be the court's only consideration but the court will take into account many factors when determining this question.