Can I move away and take the kids to another town or State?

An important question. The quick answer is that whilst you can move where ever you like you cannot relocate with the children without an agreement with the other parent or a Court Order permitting you to do so. If you do move away with the children without the consent of the other parent then he/she could make an application to court to have you return with the children or alternatively that the children be removed from your care and placed into their care.

You have a few options of how to approach whether you can move or not. If you can’t agree between you then it is likely (in the absence of family violence or risk of abuse to children) that you will have to take part in mediation before any Court proceedings can be commenced. If you have already taken part in mediation and an agreement was not reached then call us and arrange a consultation. Relocation applications are a complex area of family law. It is important that you don’t make errors of judgment which might impact on you adversely later.