Some unavoidable circumstances may require a parent to relocate either interstate or overseas. If you are moving on a permanent basis and the other parent wants your child to stay, we strongly recommend that you obtain sound legal advice.
Our experienced family lawyers in Perth can advise whether your personal situation warrants an application for relocation, and determine your prospects in making such an application.
Relocations often involve complex parenting matters, competing interests, and strict legal requirements. At Affinitas Legal, we help parents across Western Australia navigate the entire relocation order process.
From preparing your application and gathering evidence about schooling, housing, and travel plans, to filing with the Family Court of WA and representing you at hearings, we handle each stage with care.
Applying for a relocation order ensures that decisions about your child’s living arrangements are made fairly, legally, and with their well-being at the centre of every choice.
Under the Family Law Act 1975, relocating without consent or a binding Family Court order can have serious repercussions. If this move goes against the other parent’s wishes, he or she may apply for a recovery order that requires your child to be returned—an experience that can be unsettling and disruptive for them.
The Family Court of WA will also consider any unilateral move when deciding what arrangements are in the best interests of your child.
By seeking this type of court order before moving, you demonstrate that you are making a genuine effort to prioritise your child’s emotional and practical needs.
Planning a move with your child can be an emotional and stressful experience, especially when the other parent doesn’t agree. We provide calm, compassionate support with Family Law matters to help you secure a fair outcome.
Relocation can feel overwhelming, but the law doesn’t have to be confusing. We explain your rights and legal options in simple, straightforward language, giving you the clarity needed to make informed decisions about your child’s future.
Every family’s situation is different. We take the time to understand your circumstances and develop a tailored relocation strategy that reflects your goals, respects legal requirements, and puts your child’s best interests first.
When you’re ready to move, delays can be costly, both emotionally and financially. Our team works quickly to prepare and file relocation order applications, helping you achieve a timely outcome without unnecessary stress or expense.
Our lawyers are here to help you navigate Family Law matters such as relocation orders. With tailored legal support, you can make informed decisions in the best interests of your child.
A relocation order is a court decision that allows a parent to move a child to a new location, often interstate or overseas, when the move will significantly change the child’s living arrangements.
In Australia, a parent cannot relocate a child without either the consent of the other parent or approval from the court.
If parents cannot agree, the relocating parent must apply for this order. The court will then assess whether the move is in the child’s best interests, which is always the primary consideration.
You should apply to the Family Court of WA for a relocation order if:
– You want to move with your child, and the other parent does not agree,
– The relocation will affect existing parenting arrangements, or
– You want legal certainty before moving to avoid disputes or breaching existing parenting orders.
If you are unsure as to whether your situation demands this type of order, we strongly recommend seeking legal advice before you relocate.
Under Section 61B of the Family Law Act 1975, parental responsibility refers to the legal authority to make major decisions about a child’s life, including where they live, schooling, health care, and cultural upbringing.
If parents share equal parental responsibility, neither parent can unilaterally decide to relocate the child if the move will significantly change their living arrangements.
If the court has granted one parent sole parental responsibility, they can make major decisions on their own. However, relocation can still be disputed if it affects existing parenting orders or limits the child’s time with the other parent.
Therefore, applying for a relocation order is the safest way to gain legal clarity and reduce the risk of future conflicts when the other parent does not agree with the move.
Yes. Australian Family Law recognises the importance of maintaining the child’s relationships with grandparents and other family members.
The court may include provisions in a relocation order to support these relationships, such as visits or video calls.
Yes. Relocation orders can include permission for a child to move to another country. In this case, the court will consider additional factors like visas, overseas travel costs, schooling, and how the child can maintain contact with the other parent.
The process for applying for a relocation order in Western Australia typically follows these steps:
1. Attempt mediation: Before going to court, you must try to resolve the matter with the other parent through family dispute resolution.
2. File an application: If you cannot reach an agreement, lodge an application with the Family Court of WA.
3. Attend interim hearings (if needed): The court can issue temporary orders if the matter is urgent.
4. Provide evidence: Submit information showing why the move is in the child’s best interests.
5. Final hearing: The court considers all evidence and makes a legally binding decision on the relocation.
At Affinitas Legal, we can guide you through each step to ensure a smooth legal process.
Providing clear, detailed evidence helps the Family Court of WA assess whether the move is genuinely in the child’s best interests. Useful documents to submit alongside your application include:
– Valid reasons for the move – such as employment opportunities, education, or family support networks.
– Proposed living arrangements – including housing, schooling, and childcare plans.
– Contact arrangements – showing how the child will maintain a relationship with the other parent.
– Impact on the child – details about emotional, social, and educational well-being.
– Expert reports – such as psychological or family assessments, if required.
When reviewing your application, the court factors in the following considerations:
– The child’s views and best interests – their emotional wellbeing, education, and stability.
– Relationship with both parents – how the move may affect time spent with each parent.
– Practical arrangements for the children involved – such as travel costs, communication options, and schooling.
– Reason for the move – for example, better employment, family support, or safety concerns.
– Proposals for maintaining contact – including how the other party will stay involved in the child’s life.
Ultimately, the court aims to balance the child’s need for meaningful relationships with both parents while considering the benefits of the proposed relocation.
The time it takes to get a relocation order in Western Australia can vary. In most cases, it may take several months from the date of filing to the final decision.
The exact duration depends on:
– How urgent the relocation is,
– Whether interim (temporary) orders are needed,
– Court availability and scheduling, and
– Whether mediation or further evidence is required.
If your case involves special circumstances, such as those involving family violence or child abuse, the court may fast-track this urgent relocation order application with expedited hearings.
Moving away with your child without the other parent’s written consent or a relocation order can breach existing parenting orders. In response, the court can:
– Demand the return of the child to their original location through a recovery order,
– Impose penalties such as fines or, in extreme cases, imprisonment, and/or
– Change parenting arrangements to protect the child’s best interests.
Therefore, it is strongly advised that you seek legal advice before relocating.
Yes. A relocation order may be appealed if there was a legal error or a significant change in circumstances. Parents may also apply to vary the order later if new evidence or changes in the child’s needs arise.
TESTIMONIALS
Very friendly and helpful lawyer,
Mr Kyran Nunes went above and beyond and always happy to answer questions at any time. Went to their office so worried and stress and came out with smile and happy.
All the staff in affinitas legal are very friendly and helpful.
Definitely recommend these guys.
Ali R
I’d like to thank Kyran and his team for their prompt response and amazing customer service. It’s at times like these when you really appreciate your lawyer and their knowledge to cut through government bureaucracy and red tape
Kyran went above and beyond to help with the finalisation of my property settlement, all the while considering my financial situation! Thank you for your untiring dedication and I will definitely call you for any future requirements!
Annette F
Thanks to Kyran and Aimee for assisting through various court matters. Kyran is very professional, sincere and reliable person. He is very thorough and don’t miss anything which is very important to the case.
Both Aimee and Kyran are proactive and kept me informed throughout the court process. Due to Kyran knowing my situation and my case properly, I was able to successfully obtain a Recovery Order from family court. I highly recommend Affinitas Legal for there professionalism, affordability and friendly approach.
V Kumar
What an amazing team!! The level of service provided by Kyran and the team was exceptional. Great knowledge base to tap into and always ready to help. Very affordable pricing. I highly recommend Affinitas Legal.
Kartik S
Aimee did an excellent job with the legal services that we required. She was professional, fast, pleasant, articulate and compassionate to our needs. We highly recommend Affinitas Legal and would not hesitate to use them again. Their prices were fair and the other staff we met were very polite. Thanks very much for a job well done!
Esther W
We had kyran as our family lawyer and we are very impressed. with the matter getting resolved we We’re very impressed from the moment you stepped inside the office, you felt welcome and as you do dealing with these matters you get anxious and nervous and kyran made us feel very comfortable and we had all the confidence in him as a lawyer his expertise in the field was second to none. Dealing with the support of not only kyran but co director amie gave us the relief and calmness to deal with things in a appropriate manner. We couldn’t thank you enough to the both of you and will recommend you to anyone I come across that would need your assistance.
Jessica C
Firstly there would not be enough words to Express how highly we recommend Affinitas Legal. We have personally been dealing with the Family Court for years and dealt with a number of lawyers along the way.
The general public perception of lawyers is stereotyped in a negative way and this was also our perception before meeting with Kyran and Aimee, they do not fit this mold at all. They both have extremely high integrity a genuine compassion for their clients along with a wealth of knowledge in the legal profession, an extremely rare combination in our experience with previous lawyers.
Affinitas Legal have just recently helped us to achieve in the Family Court something that has never been done before. They have set new case law and helped to pave the way for other people facing similar injustices.
Kyran and Aimee have well exceeded our expectations and we will miss their support when the matter is finalized as they have personally helped myself and my wife to cope with some challenging times. I would highly recommend Affinitas Legal to anyone in the future.
Mark S
I would like to thank Affinitas Legal for assisting us n importing our Harley Davidson Motorcycles from South Africa. We were fighting a losing battle, but with Affinitas Legal’s in-depth research and professionalism we were able to overturn the outcome of the Tribunal’s decision. Thank you for handling and submitting all the documentation, and for the time spent on this case.
Americo P
My husband and I recently had our wills and estates done by the team at Affinitas Legal. Aimee was so professional, kind, warm and attentive. I would highly recommend Aimee and Kyran for any family/ estate matters in in future.
Andrea P
Kyran and Aimee provide a really personalised style of service and care that you dont often find in this field. It is clear that they are truly interested in the details of the cases and they really do give you a feeling that you are being totally supported through even the most terrifying of circumstances.
After experiencing some of the careless lawyers in the family court system I found Affinitas to be a refreshing change of pace. Their professional yet personal style has led me to refer more than a few people onto Affinitas, all of whom could not be happier with the service they received. Thanks Kyran and Aimee!
Nathan G
I couldn’t be happier with the professional and compassionate service provided by Aimee and Kyran. They displayed a high level of sincerity and were very understanding and empathetic to my particular circumstances. Aimee and Kyran are genuine people of high integrity and I would not hesitate in referring anyone in need of family law services.
I can’t thank you enough Aimee and Kyran!
Gabrielle R
I have recently used Affinitas Legal for all my consent orders relating to property and the care of my child which has also included my divorce.
After 5 and a half years of dealing with other lawyers who’s main concern seemed to be money money and more money I was so happy to finally meet with Kyran and Aimee who made the whole process an absolute breeze.
I cannot recommend Affinitas Legal enough and appreciate all they have done for me by making a very very difficult time in my life a lot easier.
Adam B
Thank you Aimee and team for your work and support through my separation. Aimee was patient, friendly and prompt at repIying to my emails. I highly recommend Affinitas Legal.
Tanya T
Going through a divorce is never a pleasant experience for either party concerned. I have to thank Kyran for his excellent attitude towards making this run as smoothly as possible. I shall not hesitate to use Affinitas Legal again should I require legal advice or representation.
Brian S
Very friendly and helpful lawyer,
Mr Kyran Nunes went above and beyond and always happy to answer questions at any time. Went to their office so worried and stress and came out with smile and happy.
All the staff in affinitas legal are very friendly and helpful.
Definitely recommend these guys.
Ali R
I’d like to thank Kyran and his team for their prompt response and amazing customer service. It’s at times like these when you really appreciate your lawyer and their knowledge to cut through government bureaucracy and red tape
Kyran went above and beyond to help with the finalisation of my property settlement, all the while considering my financial situation! Thank you for your untiring dedication and I will definitely call you for any future requirements!
Annette F
Aimee has been a pleasure to work with and made a stressful situation much easier to deal with. She has provided helpful advice throughout, going over and above to help and this was all included as part of the fixed fee. Would highly recommend her to anyone needing assistance with separation matters.
Natalia M
Kyran is very professional and knowledgeable. Thank you for always informing me of the best option to take in resolving my problem.
I would highly recommend Affinitas Lagal and I would not hesitate in referring anyone in need of family law services. Thank you for your support, professionalism and wonderful advice you gave me throughout this difficult time. I really appreciate everything.
Laxmi U
I contacted Kyran at Affinitas Legal for some advise on a property matter.
Kyran was professional, extremely knowledgeable & was very approachable in the areas I wasn’t experienced in.
After considering my options and feeling at ease after a great meeting, I chose for Kyran to take on the legalities of my property matter.
From day one I have felt very confident and comfortable with my choice in choosing this wonderful firm.
They really deserve all the success. Thank you team, I look forward to working together in the future.
Kaitlin J
Affinitas Legal has helped me achieved what I had been longing for in the Family Court. I am very happy with the outcome and I want to say thank you to the whole team involved. Mainly to Kyran and Aimee.
I first met Kyran in 2017, found him to be very understanding and he took the time to just listen. He was very effective in obtaining what is needed in my first court hearing. I was introduced to Aimee shortly afterwards. Amy showed me compassion and support that was needed during such stressful times. Aimee is very professional in her work and does quality Affidavits. I cannot thank you enough and I look forward to new beginnings.
Moun M
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