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After separation parents may find it difficult to remain in the same locality which has repercussions on your child custody rights. This may be because of the higher cost of renting as a single person, inadequate opportunities for employment or lack of family and other support. Making changes to your child’s living arrangements can be fraught with challenges including working out the contact arrangements for the other parent.

In most cases the Family Law Act 1975 (Cth) requires the parents with joint parental responsibility to discuss these issues and try to come up with a workable arrangement.

If left to the Court to decide, the Court will decide your child custody rights in accordance with the best interests of the child. The Court will presume it is in a child’s best interests to have a relationship with both parents and will not automatically allow a child to be moved far away from their non-resident parent. However, this consideration of the child’s relationship with the non-resident parent will be weighed up against other factors. In a recent case of Danner v Kelso, the Court permitted a mother to relocate from Victoria to New South Wales because of greater family support and employment opportunities in her new location.

Click here to visit our information page on Child Custody.
For advice about child custody rights contact us on 1800 300 170 or email us at

Family law situations can be complex and sometimes they can involve serious issues.  Information outlined is proposed to provide general guidance only. Due to the seriousness of legal matters as well as the uniqueness of your individual situation, professional advice should be sought. For advice, please contact one of our Family Lawyers.