AustraliaMy ex wants to move overseas with our children. Can I stop them?
Yes, you may be able to stop the move — the court must decide whether it’s in the children’s best interests, and the parent wanting to relocate must apply for permission if it would substantially affect the other parent’s time with the children.
What the Law Says
Australian family law treats international relocation as a major change to parenting arrangements. The court’s decision hinges entirely on the child’s best interests — not the parent’s wishes or convenience.
If one parent wants to move overseas with the children, and that move would significantly reduce the other parent’s involvement (e.g., by making regular face-to-face time impractical), it’s considered a 'relocation' under the Family Law Act 1975 (Cth). This triggers the court’s intervention.
The law does not give either parent an automatic right to relocate. Instead, the court must weigh all factors affecting the child’s welfare — including their relationship with both parents, stability, education, emotional needs, and views (if mature enough to express them).
There is no presumption in favour of or against relocation. Each case is decided on its own facts, with the child’s best interests as the paramount consideration.
Statutory TextThe best interests of the child are the paramount consideration to be taken into account by a court in deciding whether to make an order under this Part.
— Family Law Act 1975 (Cth), s. 60CA — Best interests of child paramount
Statutory TextThe objects of this Part are to ensure that children have the benefit of both of their parents having a meaningful involvement in their lives…
— Family Law Act 1975 (Cth), s. 60B — Objects of Part VII
Statutory TextIf the court is considering whether to make a parenting order, the court must apply the presumption that it is in the best interests of the child for the child’s parents to have equal shared parental responsibility…
— Family Law Act 1975 (Cth), s. 61DA — Presumption of equal shared parental responsibility
Statutory TextThe court must consider the matters set out in subsection (2) and (3) in determining what is in the child’s best interests.
— Family Law Act 1975 (Cth), s. 65DAA — Determination of child’s best interests
What to Do
Try to reach agreement through family dispute resolution (FDR) — it’s compulsory before filing most parenting applications.
If no agreement, file an application in the Federal Circuit and Family Court of Australia for parenting orders — seeking either to prevent relocation or to establish new arrangements.
Serve formal notice at least 12 months before the proposed move if you’re the one planning to relocate (required under s. 65G).
Gather evidence about your child’s ties to Australia (school, community, extended family) and the practical impact of relocation on the other parent’s relationship with the child.
Seek legal advice early — relocation cases involve complex evidence and strict procedural rules.
Sources
Same Question, Other Jurisdictions
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European UnionNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.