As a family lawyer in Australia, I often see how a parent moving interstate can complicate existing parenting arrangements. The emotional and logistical challenges of maintaining meaningful relationships with children across state borders can be overwhelming for both parents and children.
However, with the right approach, it’s possible to navigate these challenges and create a parenting plan that prioritises the best interests of the child while accommodating the realities of living in different states.
Here’s a guide on how to handle parenting plans when one parent relocates interstate.
1. Prioritise the Best Interests of the Child
When creating or modifying a parenting plan, the primary consideration should always be the best interests of the child. This is the guiding principle under Australian family law.
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Emotional Impact: Children benefit from maintaining strong, healthy relationships with both parents. A move interstate can impact the child’s emotional wellbeing, so any changes to the parenting plan should aim to minimise disruption while fostering those relationships.
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Practicality: Consider the child’s needs, age, and preferences. For younger children, maintaining frequent contact with both parents may be a top priority, while older children may have preferences about visitation schedules or travel arrangements.
2. Open Communication is Key
A parent moving interstate doesn’t mean the relationship with the other parent needs to suffer. Communication is crucial when navigating these changes.
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Talk to the Other Parent: Before making any decisions, it’s important to have open, honest discussions with the other parent about the move and how it will affect the parenting plan.
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Negotiate a New Plan: Depending on the level of agreement between parents, it may be possible to negotiate a new parenting plan that accommodates the interstate move. If communication is difficult, consider family dispute resolution services to help facilitate a solution.
3. Modify the Parenting Plan or Court Orders
If the move is significant and the parents cannot come to an agreement, it may be necessary to modify the existing parenting plan or seek a new court order.
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Parenting Plan: A parenting plan is a written agreement between parents about their child’s care arrangements. This is not legally binding, but it can be helpful to have a clear agreement in writing.
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Court Orders: If a parenting plan cannot be reached or if one parent does not adhere to the plan, applying for a parenting order from the Family Court may be necessary. Parenting orders are legally binding and enforceable.
Factors the court considers when deciding on a parenting order after an interstate move include:
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The relationship each parent has with the child.
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The distance between the parents and the child’s needs.
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The impact of the proposed arrangements on the child’s schooling, health, and overall wellbeing.
4. Travel and Access Arrangements
One of the biggest challenges of an interstate move is maintaining regular contact between the child and the non-residential parent. This requires careful planning of travel and access arrangements.
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Long-Distance Travel: Make provisions for travel to be as easy and affordable as possible. This may involve discussing who will cover the cost of travel and the frequency of visits.
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Technology: In addition to physical visits, technology can play a significant role in staying connected. Video calls, phone calls, and social media (age-appropriate) can help maintain the bond between the child and the non-residential parent.
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Holiday Time: Many parents find that school holidays provide the best opportunity for long visits with the non-residential parent. Try to plan for these extended periods to maintain consistency in the child’s routine.
5. Be Flexible and Adaptable
Life after a parent moves interstate can be unpredictable, and flexibility is key to ensuring that the parenting plan remains effective.
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Review the Plan Regularly: As children grow and their needs change, the parenting plan may need to be adjusted. This could involve changes to the frequency of visits, the amount of time spent with each parent, or travel arrangements.
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Respect the Child’s Preferences: Older children, particularly those over 12, may express preferences about where they live or how often they see each parent. While these preferences aren’t binding, they should be given consideration.
6. Seek Legal Advice
If you’re navigating the complexities of a parenting plan after an interstate move, it’s important to seek professional legal advice. A family lawyer can provide guidance on:
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Modifying your existing parenting plan or seeking court orders.
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Drafting clear and realistic travel arrangements.
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Ensuring your rights as a parent are respected.
Legal advice can also help ensure that the final plan or court order is enforceable and in the best interests of the child.
Final Thoughts
An interstate move can complicate parenting arrangements, but with careful planning, communication, and flexibility, it’s possible to maintain a strong relationship with your child and ensure their wellbeing remains the priority.
Whether through a parenting plan or formal court orders, the goal is always to ensure that both parents remain involved in their child’s life despite the physical distance.
If you’re navigating this challenging situation, consulting with an experienced family lawyer can provide the support and legal expertise you need to reach an effective, child-focused solution.