It is common that after separation, one party may wish to move from their current location to either return to their hometown, or to move elsewhere to start afresh.
Unless you have the prior written consent of the other parent, it is not advisable to move without the consent of the other parent of your children, or what is commonly referred to in the family law jurisdiction as ‘unilateral relocation’.
Children are entitled to have their views heard and considered as part of the decision making undertaken by Courts in determining their future living arrangements. The Family Law Courts offer a number of avenues for children to express their views. The paramount consideration is the best interests of the children. This does not always align with their wishes.
After separation most parents are able to reach agreement about arrangements for their children, but for some it takes longer than others. Unless there are Court orders in place, both parents continue to have parental responsibility for their children after separation. This means that there is an obligation on both parents to consult with one another and to attempt to reach agreement about arrangements for their children.
