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Child relocation and abduction
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.
More information
Family violence intervention orders
How we can help
Call Legal Help 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.
Our 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 our 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.