Relocation with Children Following Relationship Breakdown & the GFC
The news alerts us regularly to the varying impacts the global financial crisis has had and continues to have on families. A less reported impact is the issues arising when, in separated families, one parent pursues job prospects interstate. This can result in either children being uprooted from everything they know, loss of daily or weekly contact with both parents, and separation from the non-custodial parent - a situation which can cause a great deal of emotional anguish.
Mr Jeff Marhinin, Watts McCray Partner and Accredited Family Law Specialist says that
“Relocating with children after relationship breakdown and separation is often sought by one parent for a variety of reasons. Perhaps it is the need to be with family, a new relationship with a partner interstate, or the opportunities that may present through job prospects in a new location including a higher paying job now needed to make ends meet. However, plans by one parent to relocate with the children is not always agreed to by the other parent giving rise to a dispute which needs resolving, and these disputes can be difficult to work through especially in times of economic or financial crisis.”
Some of the concerns clients express in line with a move interstate are:
- missing out on the day to day involvement in their children’s lives;
- fear that their relationship with their children will suffer;
- not seeing their children enough …. perhaps only at school holiday time;
- concerns about the cost of travelling to see their children regularly or transporting their children to them for regular visits; and last but not least
- missing out on supporting their children at extra curricular activities such as sport, dance and so on.
To ensure these issues and any other concerns are addressed and resolved Mr Marhinin offers
”If parents in separated families are thinking about a possible relocation with children away from the other parent, then it is advisable to seek advice early from a family law specialist who can assist them in looking at all aspects of their proposal from a legal point of view, reality test options for the future parenting of children, advise upon the chances of a court permitting relocation where agreement cannot be reached with the other parent, and act on an ongoing basis where a dispute needs resolving.”
Unfortunately there are situations where parents move children interstate or overseas without informing the other parent. Mr Marhinin says
“A specialist family lawyer can also assist on short notice where urgent action is needed to cause for the return of children removed from their usual place of residence where that has not been agreed by both parents.
This can be particularly important in cases involving both interstate and international relocations.”
Many issues need to be addressed in a relocation situation to ensure a positive and workable outcome for all, particularly the children.