Child Relocation

In these days of greater mobility, where international and interstate relationships are more common, issues often arise surrounding the relocation of children following the breakdown of a relationship.

If you wish to move away from your current home with the children, particularly a move interstate or overseas, you need the consent of the other parent. If the other party does not agree then you will need to apply to Court for permission to relocate. The Court will make the decision based on the Court's assessment as to what is in the best interests of the children.
There may also be times when one or more of the following actions may become necessary:
  • Taking urgent steps to prevent the removal of a child from the State or country
  • Preventing the issue of a passport for a child where there is a risk of abduction
  • Seeking the return of a child wrongfully removed from the State or country
Kelly & McHale Family Lawyers can assist in seeking appropriate orders and also in liaising with the Attorney General's Department in the event that recovery of a child from an overseas jurisdiction is necessary.

users icon


Family Dispute Resolution (FDR) or mediation is now required in all parenting matters before Court proceedings can be initiated. This means you must have at least tried or been invited to participate in mediation. Read More...

home icon


Following the breakdown of a marriage, an appropriate division of property is critically important to the financial future of both parties. Prompt legal advice is vital. Read More...

layers icon

Parenting Arrangements

After the breakdown of a relationship involving children (whether a marriage, de facto or same sex relationship) it will be necessary to consider the appropriate arrangements for the ongoing care of the children. Read More...

hand icon

Enforcement of Orders

Unfortunately, even where agreements have been reached or Family Court orders made, it can be necessary to take steps to enforce an agreement where one party does not comply with the terms of the agreement or the terms of an order. Read More...