Relocation and Travel Disputes After Family Law Reform: What Parents Need to Know
Relocation and travel disputes may significantly affect families after separation — especially when one parent proposes to move a child to another location and the other does not agree. Following the commencement of the Family Law Amendment Act 2023 on 10 June 2025, the legal framework that governs these disputes has changed.
At Gullickson Lawyers, we provide experienced and practical legal advice to help you navigate these matters, ensuring that your child's safety and best interests remain central to any outcome.
Relocation in the Context of Parenting Disputes
Relocation involves a proposal to change a child’s living arrangements in a way that would make it significantly more difficult for the child to spend time with the other parent — whether within Queensland, interstate, or internationally. This type of move may affect existing parenting orders or arrangements and often requires either consent or court authorisation.
Under the amended Family Law Act 1975, there is no longer a presumption that parents will share responsibility equally. Instead, the court considers a simplified list of best interest factors, aimed at streamlining decision-making and improving outcomes for children — especially in cases involving family violence or coercive control.
What the Court May Consider in a Relocation Case
The court is required to determine what is in the child’s best interests, and may consider the following:
The benefit to the child of having a relationship with both parents, and other people significant to the child, where it is safe to do so
The impact of the proposed relocation on the child’s emotional and psychological wellbeing
Any history or risk of family violence, including patterns of coercive or controlling behaviour
The practicalities of proposed parenting arrangements, including travel, schooling, and communication
The child’s views, taking into account their age, maturity, and the manner in which their views are expressed
Relocating a child without appropriate consent or court approval may result in urgent applications for recovery orders, injunctions, or restrictions on further movement. These are treated seriously, particularly where the relocation interferes with a parent’s ability to maintain a meaningful relationship with the child.
Travel Disputes – Interstate and International
Travel disputes may arise when one parent seeks to take a child interstate or overseas for holidays or family visits, and the other parent does not consent. These issues are particularly sensitive where there is no agreement or existing court orders impose limits.
Legal considerations may include:
Whether any parenting orders prohibit or regulate travel
The need for written consent from the other parent for international travel
Whether a court order is required, particularly in high-conflict or high-risk matters
Whether a child is at risk of being wrongfully removed from Australia — in which case, Airport Watch List orders or injunctions may be sought
Unauthorised international travel with a child may breach parenting orders, and in some cases, may lead to criminal charges or international proceedings under the Hague Convention on the Civil Aspects of International Child Abduction.
How Gullickson Lawyers May Assist
Our experienced family law team at Gullickson Lawyers assists with:
Legal Advice: We offer practical guidance tailored to your circumstances, including how the new family law reforms may apply to your matter
Dispute Resolution: We support clients through mediation or negotiation where appropriate, aiming to avoid litigation
Court Representation: If required, we appear on your behalf in the Federal Circuit and Family Court of Australia to seek or oppose relocation or travel orders
Take Action Today
If you're facing relocation or travel disputes involving your children, it's crucial to seek legal advice promptly. Contact Gullickson Lawyers :
Brisbane Office: (07) 3397 9922
Sunshine Coast Office: (07) 5222 4039
Protect your family's future with experienced legal support from Gullickson Lawyers.