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Parents moving house

If children move house and the increased distance would greatly affect the time they spend with the other parent or significant person, that person can apply to the court to:

  • stop the children leaving (restraining order)
  • have the children returned (recovery order).

If you share parental responsibility you must try to come to agreement with the other parent about the move. This means making a genuine effort to sort out an arrangement that you both agree with.

Some legal aid commissions have dispute resolution services that can help you and your ex-partner come to an agreement. You can also use a family relationship centre or other family dispute resolution service. See ‘Family dispute resolution’ (link below).

If you cannot come to agreement, you can apply to the court to allow you to move. The court must consider whether it is in the children’s best interests, balanced against your freedom to move.

A court decision may take many months, sometimes years. There is no guarantee that the children will be allowed to move.

It is important that you get legal advice. Do not assume it is all right to move because there are no court orders in place.

More information

Deciding children’s best interests

Family dispute resolution

Related publications

You and family law: a short guide

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA’s other free legal services include:

  • free contravention workshops about how to prepare a contravention application and represent yourself if your former partner breaching (disobeying) court orders
  • legal advice at VLA offices and other locations across Victoria
  • lawyers who are on ‘duty’ to help at many courts and tribunals.

For some matters we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.