As more families become "international" many are faced
with the dilemma that on divorce (or separation) one partner wants
to go back home with the children and the other wants them to stay
here. This article outlines what to consider if you're thinking
about leaving Australia.
Globalisation has led to us seeing more international families.
With the increasing divorce rates, many marriages do not turn out
to be the happily ever after that the couple had hoped for. At the
end of the marriage, many find themselves living in Australia while
all their family and support networks are in their home country.
Some may want to go back home with their children.
The legal term for this is 'relocation'.
In Australia, a parent cannot leave Australia with the children
without first obtaining the permission of the other parent or
approaching the court for permission to relocate.
In the event that a parent packs up and goes home without
obtaining that permission they can be brought back to
We always recommend that parents speak to the other parent to
obtain their permission first and as a last resort, approach a
Often by speaking to your partner you will be able to put their
mind at rest that you have thought of ways to ensure that they
don't lose touch with their children.
WHAT SHOULD YOU DO IF YOU'RE THINKING ABOUT LEAVING
Do your homework and think about it very carefully before
speaking to your partner. Make sure you have considered things such
proposal for time to be spent with the other parent.
The better prepared you are the greater likelihood that you will
be able to agree. Be sure to have insight into how hard this might
be for your partner.
If you can't resolve it and still want to approach the court
for permission remember the court is going to look at it from
what's in the children's best interests. The more time a
parent spends with children at the time the application to court is
made the less likely a court will agree to allow you to go. This is
because the greater role the other parent is playing in the
children's lives the greater the damage may be if the children
are to relocate and be separated from that parent.
It's best to reality test and make sure your motivation is
in the right place. Are you trying to reduce your former
partner's time with the children or are you seeking a better
life for you and your children?
As the world shrinks this issue will be continue to be on the
rise for family lawyers.
If you are doing a Will, or you are the executor of a deceased estate, consider what taxes and duties could be payable.
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