Child Relocations: Know Your Rights

In Holzmann and Holzmann, a recent judgment was handed down by the Family Court concerning the relocation of children.

The case involved a Darwin couple who married in 2008 and had two children during the marriage aged nine and five. The parties separated in 2013, then in 2016 the mother took the children interstate without consulting the father. The father appealed against the Court orders made in July 2017, which allowed the mother to relocate the children without the father’s consent. On appeal, the Family Court upheld the judgment, thus allowing the children to be away from their father.

In summary, this case illustrates the point that while there is a presumption of equal shared parental responsibility, the court must consider whether such an order would be in the best interests of the children and whether it would be reasonably practicable to do so. Clearly, in this case, the Court did not think so.

Should you be faced with similar parenting matters, please email me at glenn@thextonlawyers.com.au, call anytime on 0410 639 921 or contact us online. We have dealt with numerous child relocation cases and can advise you accordingly.

Glenn Thexton

Principal

THEXTON LAWYERS

Child Custody Lawyer