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Child abduction & relocation

There are laws relating to moving children, finding missing children and the recovery (return) of children. Some of these laws are complicated and you may need to take urgent action. Get legal advice immediately.

Unless you have your ex-partner’s agreement to take the children from the family home, or to move a significant distance from where you are living, get legal advice. If you do not have your ex-partner’s agreement and they apply for court orders, you are likely to be ordered to return the children.

If you and your ex-partner share equal parental responsibility for the children you have an obligation to consult each other and try to come to agreement about major long-term issues. This includes if your moving to another area would significantly affect the time the other parent spends with the children.

Court orders may prevent a child from leaving a particular state or territory, even to go on a holiday.

If there is violence or child abuse and you or your children are at risk, or have to move in an emergency, get urgent legal advice and other support. Get police help if there is an immediate risk of harm.

Get legal advice if you have parenting orders and are at risk of breaking them.

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