When a parent seeks to relocate with their children, they must present evidence to the court to demonstrate that it is in the best interests of the children. There are several key areas of evidence that must be addressed to make a successful case for relocation.
One of the most important factors that the Family Court of Australia considers when deciding whether to allow a parent to relocate with their children is the ability of the non-relocating parent to maintain a meaningful relationship with the children. This means that the relocating parent must present evidence to the court that the non-relocating parent will be able to maintain regular contact with the children, even if they are not seeing each other in person on a regular basis.
In the case of M v M (2014), the Family Court of Australia considered a situation where the mother sought to relocate with her children to New Zealand. The father objected to the relocation, arguing that it would significantly impact his ability to maintain a relationship with the children. However, the court ultimately granted the mother’s request to relocate, finding that the mother had provided sufficient evidence that the children would be able to maintain a meaningful relationship with the father through regular phone calls, video chats, and visits.
Another key area of evidence that must be presented in a relocation case is the emotional and psychological health of the relocating parent. The relocating parent must be able to demonstrate to the court that the move will have a positive impact on their emotional and psychological well-being, which in turn will benefit the children.
In the case of Jenkins v Jenkins (1994), the Family Court of Australia considered a situation where the mother sought to relocate with her children to the United Kingdom. The mother argued that the move was necessary for her mental health and well-being, as she had experienced significant stress and isolation living in Australia. The court ultimately granted the mother’s request to relocate, finding that the move would provide her with the support and emotional stability she needed to be a better parent to her children.
In the case of Darveniza v Darveniza (2014), the Family Court of Australia held that a parent’s emotional and psychological well-being is an important consideration when deciding whether to allow a parent to relocate with their children. The Court recognized that the relocating parent’s mental health and ability to care for the children is essential for the well-being of the children, and emphasized the importance of providing evidence of how the relocating parent’s mental health will be improved with greater family support.
In conclusion, when a parent seeks to relocate with their children, they must present evidence to the court to demonstrate that it is in the best interests of the children. This includes evidence that the non-relocating parent will be able to maintain a meaningful relationship with the children, even if they are not seeing each other regularly, as well as evidence that the relocation will have a positive impact on the emotional and psychological well-being of the relocating parent, which in turn will benefit the children. It is important for parents to seek the advice of experienced family law practitioners to ensure that they are presenting the most compelling case possible to the court.