Why a formal relocation proposal matters
A written proposal demonstrates good faith and creates a record of your efforts to negotiate. Courts view parents who make genuine attempts at agreement more favourably, and a thorough proposal strengthens your position whether you settle or go to court.
A well-prepared proposal does several things at once:
- Demonstrates good faith — shows you are genuinely trying to reach agreement rather than acting unilaterally.
- Creates a record — documents your reasonable efforts if court proceedings become necessary.
- Focuses discussions — gives the other parent something concrete to respond to, rather than vague intentions.
- Shows you have thought it through — a detailed proposal indicates genuine planning, not impulsive decision-making.
- Protects the child's interests — forces you to thoroughly consider how the move affects your child.
The best interests principle
What courts look for
Australian family courts do not apply a presumption for or against relocation. Each case is assessed on its merits, but judges consistently look for evidence that the relocating parent:
- Made genuine attempts to reach agreement with the other parent.
- Proposed realistic arrangements for maintaining the child's relationship with the other parent.
- Considered the child's specific needs and how the move affects them.
- Gave adequate notice rather than presenting the move as a fait accompli.
Seven essential elements of a strong relocation proposal
A comprehensive relocation proposal should address each of the following areas. The more detail you provide, the more seriously your proposal will be taken — both by the other parent and, if necessary, by the court.
1. Specific location and distance
Be specific about where you intend to move. Include the suburb or town, not just the city. State the approximate distance from the child's current home and the travel time by car, train, or plane as applicable.
Example wording: "I am proposing to relocate to Epping, in the northern suburbs of Melbourne, Victoria. This is approximately 850km from our current location in Sydney, or a 1-hour flight. Direct flights operate daily from Sydney to Melbourne."
2. Genuine reasons for the move
Explain why you need or want to relocate. Courts look for genuine, substantial reasons — not simply a desire to move away from the other parent. Common legitimate reasons include employment opportunities, returning to family support networks, or a new established and stable relationship.
| Stronger reasons | Weaker reasons |
|---|---|
| Substantial employment opportunity | Vague desire for a "fresh start" |
| Return to established support network | New relationship (very early stage) |
| Serious new relationship | To be further from the other parent |
| Educational opportunities for child | General preference for another area |
| Cost of living or housing affordability | Unsubstantiated claims about benefits |
3. Accommodation arrangements
Describe where the child will live. If you have already secured housing, provide details. If not, explain your plan for finding suitable accommodation and your budget. Include information about the neighbourhood, proximity to schools, and whether the child will have their own space.
4. Schooling and education
Detail the educational arrangements for your child at the new location. Research schools in the area and identify specific options. Consider how the transition will be managed, especially if the child is mid-way through a school year or has established friendships. Address which school you have identified, whether places are available, how the school compares to the current school, and how you will minimise disruption.
5. Maintaining the child's relationship with the other parent
This is perhaps the most critical element. You must propose specific, practical arrangements for how your child will continue their relationship with the other parent. Vague promises of "regular contact" are insufficient — provide a detailed schedule.
- School holidays: The child spends 50% of all school holidays with the other parent, including half of the Christmas holidays alternating each year.
- Long weekends: Every second long weekend with the other parent, with travel on the Friday evening and return on the Monday evening.
- Video calls: Twice weekly video calls (for example, Wednesday and Sunday evenings at 7pm) for at least 30 minutes.
- Phone contact: The child may call the other parent at any reasonable time and vice versa.
- Special occasions: The child spends each parent's day with the relevant parent, alternating birthdays each year.
6. Travel arrangements and costs
Address the practical and financial aspects of travel between locations. Who will pay for flights or travel costs? Who will accompany the child? How will handovers work?
Common cost-sharing approaches include: the relocating parent pays all costs; costs shared 50/50; costs shared proportional to income; each parent pays for travel to them; or the relocating parent pays for the first several years. For logistics, address the mode of travel, who accompanies the child, unaccompanied minor arrangements if applicable, handover locations, and backup plans for delays.
7. Proposed timeline
Clearly state when you intend to relocate. Provide a realistic timeline that allows for negotiation, any necessary court processes, and a proper transition for the child.
Example: "I propose to relocate in early April 2026, at the start of Term 2, to allow [Child's name] to complete the current school term and have a proper handover at their current school. This gives us approximately 10 weeks to reach agreement or, if necessary, seek court orders."
Written notice requirements
How you deliver your proposal matters. A written proposal creates a clear record and ensures the other parent has time to properly consider your plan.
Best practices for delivering your proposal
- Put it in writing — email is acceptable and creates a clear record with timestamp. A formal letter is also appropriate.
- Keep the tone respectful and constructive — avoid inflammatory language. Focus on the child and practical arrangements, not past grievances.
- Request a response by a specific date — allow at least 14–21 days for the other parent to consider your proposal and seek advice if needed.
- Offer to discuss further — indicate your willingness to meet, speak by phone, or attend mediation to discuss the proposal.
- Keep a copy — save a copy of everything you send and receive. This may be evidence in future proceedings.
What to avoid in your proposal
- Ultimatums: "I'm moving whether you agree or not" undermines good faith negotiation.
- Criticism: attacking the other parent's parenting or character is counterproductive.
- Vague details: "I'll make sure you see the kids regularly" is not a proposal.
- Unrealistic timelines: proposing to move in two weeks does not allow proper consideration.
- Third-party involvement: do not involve new partners, family members, or friends in the correspondence.
Timeline for proposing relocation
Planning your timeline carefully is essential. Rushing the process or giving inadequate notice can damage your position if court proceedings become necessary.
| When | Step | Purpose |
|---|---|---|
| 12+ weeks before | Deliver written proposal | Gives adequate time for the other parent to consider and respond |
| 10–12 weeks before | Initial response period | Allow time for the other parent to consider and respond |
| 8–10 weeks before | Negotiation period | Direct discussions, potential modifications to proposal |
| 6–8 weeks before | Family Dispute Resolution (if needed) | Mediation attempt with accredited FDR practitioner |
| 4–6 weeks before | Court application (if no agreement) | File for relocation orders if FDR unsuccessful |
| Move date | Proceed only with consent or court orders | Never relocate without authorisation |
Negotiating with the other parent
Most relocation matters are resolved through negotiation rather than court proceedings. How you approach discussions can significantly impact your chances of reaching agreement.
- Listen to concerns — ask the other parent what their specific concerns are. Understanding their objections allows you to address them directly. They may have legitimate worries you have not considered.
- Show flexibility — be willing to modify your proposal. Perhaps you can offer more holiday time, different travel arrangements, or bear a greater share of costs. Flexibility demonstrates good faith.
- Focus on the child — keep discussions centred on what is best for your child. Avoid getting drawn into arguments about past relationship issues or who is the "better" parent.
- Consider mediation — Family Dispute Resolution (FDR) with an accredited mediator can help facilitate discussions. It is usually required before court proceedings anyway, so early engagement can save time and money.
If you reach agreement
If the other parent agrees to your relocation, document the agreement properly:
- Written confirmation: at minimum, confirm the agreement in writing (email is sufficient).
- Parenting plan: consider formalising arrangements in a written parenting plan.
- Consent orders: for the strongest legal protection, apply for consent orders reflecting the agreement.
What to do if consent is refused
If the other parent refuses to consent to your proposed relocation, you have several options. The most important thing is to not relocate without proper consent or court orders.
- Continue negotiations — try to understand what specific changes might make the proposal acceptable. Sometimes a refusal is actually an invitation to negotiate further. Ask: "What would need to change for you to agree?"
- Attend Family Dispute Resolution (FDR) — FDR with an accredited mediator is required before most court applications. A skilled mediator may help bridge the gap and find solutions you have not considered.
- Seek legal advice — before commencing court proceedings, get advice from a family lawyer about the strength of your case. They can assess your specific circumstances and advise on likely outcomes.
- Apply for court orders — if negotiation and FDR fail, you can apply to the Federal Circuit and Family Court for orders permitting the relocation. You will need a Section 60I certificate from FDR (or an exemption) before filing.
- Consider alternatives — if your relocation case is weak, or court proceedings would take too long, consider whether there are alternative solutions: a different location, delayed timing, or whether the opportunity remains viable without immediate relocation.
How proposals are viewed by the court
If your relocation matter proceeds to court, the judge will closely examine your proposal and how you approached negotiations. Understanding what courts look for can help you prepare a stronger proposal from the outset.
Courts assess relocation applications against the best interests factors in Section 60CC of the Family Law Act 1975 (as restructured by the 6 May 2024 amendments). Those factors are now a single list of six, with the child's safety — protection from physical or psychological harm, abuse, neglect or family violence — listed first, alongside the child's views and needs, each parent's capacity, and the benefit of a relationship with both parents where it is safe.
| Factors that strengthen your case | Factors that weaken your case |
|---|---|
| Genuine, substantial reasons for the move | Vague or weak reasons for the move |
| Detailed, practical proposal for maintaining contact | Evidence the real motivation is to limit the other parent's time |
| Evidence of genuine attempts to negotiate | Inadequate proposals for maintaining contact |
| Child's views (if age appropriate) supporting the move | History of obstructing the other parent's relationship |
| Willingness to bear travel costs or make other concessions | Attempting to relocate before proper consent or orders |
| Stable, established arrangements at the proposed location | New relationship that is not stable or established |
Australian courts do not apply a presumption for or against relocation. Each case is determined on its individual merits, based on what arrangements best serve the specific child's interests. The relocating parent bears the onus of demonstrating that the proposed move is in the child's best interests, but there is no automatic assumption that staying put is better.
Key tips for a successful relocation proposal
- Start early — give yourself plenty of time. Rushing creates pressure and limits options.
- Be specific — vague proposals invite rejection. Detail breeds confidence and credibility.
- Think from their perspective — address what the other parent will worry about before they raise it.
- Document everything — keep copies of all correspondence. It may become evidence later.
- Be generous with time — proposing generous contact arrangements shows good faith and strengthens your case.
- Get legal advice — even if you are negotiating yourself, get advice on your specific circumstances.
- Stay child-focused — every element of your proposal should demonstrate consideration for your child's needs.
- Do not burn bridges — you will be co-parenting for years. Keep communications respectful even when frustrated.
Common questions
Is a written relocation proposal legally required?
While not strictly mandated by statute for all situations, providing a written proposal is strongly advisable. If you have existing parenting orders or a parenting plan, and the other parent has meaningful time with the child, a written proposal demonstrates good faith and creates a record of your efforts to negotiate. Courts view parents who make reasonable attempts to reach agreement more favourably. In contested relocation applications, evidence of a thorough written proposal strengthens your case significantly.
How much notice should I give before proposing to relocate?
Aim for a minimum of 8–12 weeks before your intended move date. This allows adequate time for the other parent to consider your proposal, seek their own legal advice, and for meaningful negotiations. If court proceedings become necessary, they typically take several months. Giving short notice may be viewed unfavourably by the court and could suggest you are not genuinely seeking agreement. For international relocations or moves with complex logistics, consider 3–6 months notice.
What must be included in a relocation proposal?
A comprehensive proposal should include: the specific location you intend to move to, the reasons for the move, proposed living arrangements for the child, schooling plans, how the child will maintain their relationship with the other parent (including a detailed schedule of proposed time), communication arrangements between visits, how travel costs will be managed, and your proposed timeline. The more detailed and practical your proposal, the better your chances of reaching agreement or succeeding in court.
What should I do if my relocation proposal is rejected?
First, ask the other parent to explain their specific concerns. Try to negotiate modifications that address their objections while still meeting your needs. Consider attending family dispute resolution (FDR) with an accredited mediator. If agreement remains impossible, you will need to apply to court for relocation orders. Keep all correspondence — your reasonable proposal and attempts to negotiate will be evidence in court proceedings. Never relocate without consent or court orders.
Can I move while waiting for the court to decide?
Generally, no. Relocating before the court has made a decision is extremely risky and usually inadvisable. If you move without consent or orders and the court later refuses your relocation application, you may be ordered to return — potentially losing credibility and impacting future parenting arrangements. In some circumstances, you may apply for interim orders permitting relocation pending the final hearing, but this requires demonstrating urgency and that the move serves the child's best interests.
Are proposals for interstate moves different from international moves?
The core elements are similar, but international proposals require additional considerations: visa and immigration status, Hague Convention implications, language and cultural factors, time zone differences affecting communication, and significantly higher travel costs. International proposals typically need more detail about maintaining the relationship given greater distances and potential legal complexities if disputes arise later. Courts scrutinise international relocation proposals more closely.
Important disclaimer