Sometimes a parent wishes to move with a child or children. This is commonly referred to as a mobility case or mobility application.
The focus is on the best interests of the child, not the interests and rights of the parents.
The court will generally consider the following factors in deciding whether the parent should be permitted to move:
- Parenting capabilities of and children’s relationship with parents and new partners;
- Employment security and prospects of each spouse and, where appropriate, their partner;
- Access to and support of extended family;
- Difficulty of exercising proposed access and quality of proposed access if move is allowed;
- Effect upon children’s academic situation;
- Psychological and emotional well-being of children;
- Disruption of children’s existing social and community support and routines;
- Desirability of proposed new family unit for children;
- Relative parenting capabilities of either parent and respective ability to discharge their parenting responsibilities;
- Child’s relationship with both parents;
- Separation of siblings; and
- Retraining or educational opportunities for the moving parent.