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Thinking of Moving Interstate?
How Shared Custody Impacts Your Decision

Moving interstate with shared custody

Have you thought about moving interstate with shared custody? There may be a lot of reasons why you or your ex may want to move away during separation or after divorce. But the reality is, if you have shared custody, this won’t be a simple process.  

Can you move away from your ex if you have shared custody?

We understand that you may feel the need to move further away, whether that be for an emotional reason, a relationship, work, or family. Of course, you want to pursue your own life goals and desires! But if you and your ex have shared custody, you won’t be able to simply take the children with you. 

Remember, divorce is difficult for your child. The Court will always act in the best interests of the children. Part of this is their right to maintain a meaningful relationship with both parents. If you refuse your ex access to your children without a genuine reason, the Court will be more likely to act in favour of your ex. Your ex may apply for a court order to stop you from leaving with them.

You should only refuse access to your children if they are not safe with your ex because of domestic violence, or alcohol or drug abuse. If your children are unsafe, you should talk to your lawyer and apply for sole custody.

So, can you move away from your ex if you have shared custody? Technically, yes, you can move away from your ex. But keep in mind that you and your ex must still be able to meet all the obligations of your custody arrangement. And if you can’t, there are implications. Especially for your kids.

What are the logistical implications?

Moving away isn’t simple if you have a shared custody. There will be serious implications for your children if you make a significant move (typically considered more than about 50kms away). A lot will change in their personal lives and impact a lot of their relationships.

For example, let’s say that you have a week-by-week child custody schedule for your primary school aged children. You and your ex swap over each Sunday afternoon at a popular park in the city you both live in. This isn’t possible if you live in different states. 
The decision to move interstate means that one parent will spend a lot less time with their children. Bear in mind that under family law, you must always act in the best interests of your child. There are many factors that can influence this. It may be in their best interests to spend most of their time in their home state where they go to school, are involved in extra-curricular activities, and can maintain relationships with their friends and family. This could mean your children only get to see the other parent during school holidays.

If you decide to move away, your arrangements will completely change as your current parenting agreement or consent order will no longer be practical. It will take quite some time (months to even years) to notify, renegotiate and agree on a new custody schedule and agreement, so you may not be able to move away as quickly as you want to.

Of course, each case will be different. If you are the mother of an infant child, your custody schedule could have your breasted baby with you the majority of the time. Maybe your ex is willing to relocate with you.

No matter the outcome, co-parenting requires you to keep up an appropriate level of communication with your ex and facilitate communication avenues between your children and their other parent.

The process of moving interstate when you share custody of children

What’s the process for moving interstate when you have shared custody?

Just like any shared custody case, you will need to communicate any significant decisions to the other parent. So first, you must notify your ex of your intentions to move. You must then receive permission from your ex to do so.

You will then have to come up with a new long-term agreement. This should cover child custody schedules, communication and whatever else may be affected by you and your ex living in separate states.

You may need to apply for a relocation order with your new agreement. The Court will then consider factors such as your child’s opinion of the matter, their relationships with each parent, relationships with other family members and the distance.

If there is any disagreement that can’t be solved at any step in this process, you may want to apply to the Court – and there is no guarantee that you can take your children with you. Remember, the Court will determine whatever is in the best interests of your children.

Before you take this to Court, be sure to get advice from your family lawyer to determine what is in the best interests of your child. You have the option to go through family dispute resolution where you can minimise conflict and come to a creative, practical and mutually beneficial outcome. Divorce without the Court, such as mediation or collaborative divorce means that we try to find a solution that works for everyone.

What now?

If you or your ex still wants to move away, you will need to come to a new agreement. Talk to your lawyers at Divorce Hub to guide you through the process of moving interstate with shared custody.  

Contact us today. 

The purpose of this article is to provide general information. It does not constitute legal advice. Please get in touch to discuss your specific circumstances.

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