Relocating with a child to Australia

Relocating with a child to Australia

Although Wanted Down Under finished airing in 2020, Australia remains a great contender for families thinking of relocating abroad. For separated parents considering moving with their child(ren) to The Land Down Under, it’s important to not only consider the quality of life, beautiful landscapes (and giant spiders), but also the legal procedures involved.

Before making any relocation plans, you must obtain the consent of anyone with parental responsibility for the child or a court order. 

How can I succeed in making a relocation to Australia application?

The paramount principle is the best interests of the child. No matter the location, moving abroad and a change in the type and amount of contact with the non-moving parent has a significant impact upon any child of the family.

Therefore, any application to relocate to Australia must be correctly strategized and there are some main points for you to proactively consider.

For more detail about making a successful application generally, please see Family Court applications to relocate with your children.

Why do you want to relocate to Australia?

Your application should focus on why Australia will be a great place to raise your child.

For example, Australia has a universal healthcare system (Medicare), a strong economy and an education system that ranks high internationally, all of which may allow you to provide a better lifestyle for your children. The climate in Australia also means that there are greater opportunities for outdoor activities.

These are just some of the important considerations when tailoring your application to relocate to Australia.

What factors should I think about before deciding to relocate to Australia?

The school structure in Australia is similar to the UK, although children are only required to remain in full-time education until at least year 10 in secondary school and may then opt for either two more years of full-time education or a training placement until they are at least 17 years old. However, there is no like-for-like equivalent to GCSE and children will usually only obtain an education certificate upon completing senior secondary school (Year 11-12). Australian public schools are free of charge to any permanent residents, however, around 30% of primary and 40% of secondary school children attend private or independent schools in Australia.

It is also crucial to consider when, where and how often the children will spend time with the non-moving parent. A return flight between Australia and the UK typically costs around £750 to £1,200 on average (at date of publishing). If you are thinking about relocating to Australia, it is important to realistically look at whether you and the non-moving parent can afford the flights and associated costs of visiting Australia / returning to the UK such as VISAs.

Are there extra considerations before I consider relocating to Australia? 

Other important considerations may include:

• ensuring you have any necessary visas and work permits

• ensuring you have the appropriate residency documents

• due to the popularity of private schooling in Australia, it is important to do your research to understand the waiting lists and costs.

• Healthcare in Australia is free for qualified citizens, it is important to check this before you move and enrol in Medicare.

• Although Australia has a strong economy, the basic living costs can often be quite expensive, sitting at 10-25% more expensive than the UK for everyday living expenses, so make sure you consider your rent, utilities and other living expenses and have a plan for employment and financial support.

If I relocate to Australia without consent, what will happen?

Children disputes in Australia are governed by a combination of territory and national laws and international conventions, so you will need to consider your position in both jurisdictions before making your court application. 

However, as both Australia and the UK are signatories to the Hague Convention on Child Abduction, this means that if a child is removed from the UK to Australia by a parent without the other parent’s consent, the Australian court is likely to order that the child be returned so that the ‘home’ court can determine whether the relocation should be allowed.

The law in Australia relating to children is not dissimilar to that in England/Wales and is focused on the best interests of the child.

Do I need a solicitor to help me relocate with the children to Australia?

Relocating with a child from the UK to Australia requires careful legal planning and consideration of the child’s best interests. Obtaining the necessary parental consent or court permission is essential to ensure a smooth transition and compliance with family law.

As with all decisions affecting children, permission to relocate will only be granted or refused if it is deemed to be in the best interests of the children.

A family law solicitor is highly recommended to navigate the complexities of the application process. They can help prepare your case, gather the necessary evidence, and arrange representation at court. The team at Weightmans have extensive experience dealing with successful leave to remove applications on behalf of both the moving and the non-moving parent.

Thank you to Amy Wyatt, trainee solicitor, for assisting in producing this article.