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Relocation applications – tip and tricks for cases involving Australia

Date:3 FEB 2023

Leave to remove cases (also known as relocation applications) can be some of the most challenging cases that come before the family court.  Whilst any family matter can and often does elicit highly charged emotions and a degree of uncertainty within relocation cases the court is required to consider an application focusing on a child’s best interests and ultimately produce a binary answer: should a child relocate or not?

There are an almost limitless number of factors that need to be examined in any application which must be considered and addressed in a detailed witness statement – regardless of whether you are seeking to relocate or seeking to defend an application to relocate.  Whilst the overall considerations are likely to be factors in all cases regardless of the country specific references to the particular location demonstrate that particular thought and care has gone into an application. 

Take Australia and the UK – two countries that share a (fairly!) similar history language and legal system. With anywhere between 200 000 and 400 000 Australians calling the UK home it is perhaps no surprise that Australian relocation...

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