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Family Law FAQ’s

Can I take my children interstate or overseas without my ex’s permission?

Generally, no, not without either the other parent’s consent or a court order permitting it, particularly once parenting arrangements or proceedings are already in place. This applies to both interstate relocation within Australia and overseas travel or relocation.

If you’re considering relocating and your ex won’t agree, you may need to apply to the Court for permission, which will assess what’s in the best interests of the children, including their relationship with both parents. If you’re concerned your ex might attempt to relocate the children without your consent, urgent injunctions may be available to prevent this from happening before it occurs.

This is a high stakes area where acting without proper advice, in either direction, can seriously damage your position. If relocation is being discussed or threatened in your situation, get advice before anyone takes action, not after.

Book a free appointment with Melanie.

Get clear advice before you make decisions you can’t undo.