It’s a common story across the Fraser Coast and Wide Bay region: a couple separates, and one parent stays in Hervey Bay while the other moves to Bundaberg for work, or back to family in Maryborough, or potentially even closer towards the Sunshine Coast or Brisbane.
Even an hour’s drive can turn straightforward changeovers into a genuine logistical and legal challenge — and if one parent wants to move further away, it can become a full-blown relocation dispute.
Whether parents live five minutes or two hours apart, the law doesn’t start from an assumption that a child should live with one parent over the other, or that a parent has an automatic right to move wherever they choose.
Section 60CA of the Family Law Act makes the best interests of the child the paramount consideration in every parenting decision, and that principle applies just as much to a move from Hervey Bay to Bundaberg as it does to a move interstate or overseas.
When looking at relocation disputes, there are two general scenarios that apply, and we need to look at which scenario we are dealing with before stepping through the law that applies.
The first common scenario is that the non-primary parent (for example, a parent that spends every second weekend with the child) wants to relocate away from the primary parent. Generally, in this scenario, approval is not needed from the Court as the parent is not seeking to relocate with the children. In this scenario, it would be a matter for the parties, either with or without the assistance of the Court, to determine how the children would maintain a relationship with both parents given the distance between parents.
The second common scenario is where the primary parent wants to relocate with the children. This scenario is often where we see disputes arise that need significant consideration or determination of the Court.
Importantly, the Court’s focus in relocation cases is on what arrangement is in the best interests of the child, not what arrangement best suits the parents.
Each case turns on its own facts, weighed against the full range of best interests factors, including the practicality of maintaining a meaningful relationship with the other parent across the distance involved. The Court has also previously made clear it isn’t limited to choosing between the exact options the parents put forward, meaning that the Court can shape Orders that it considers to be in the best interests of the child, regardless of the proposals put forward by parents.
In addition to the best interests of the child, the Court may consider several different factors when considering relocation cases. The below list is not exhaustive, as each matter is assessed on the individual circumstances, however this provides parties with an idea of factors that may be considered:
For families in this region, that means a proposed move from, say, Maryborough to Bundaberg is assessed differently to a move from Bundaberg to Melbourne.
The distances involved directly affect how practical it is to maintain regular time, school routines, and extracurricular commitments, and that practicality is central to what a court, or a sensible parenting agreement, will land on.
For parents who aren’t in dispute about where everyone lives but need to work out the practicalities, common arrangements across the region include:
If you’re a parent in Hervey Bay, Bundaberg, or Maryborough who’s separating and distance is part of the picture, whether that’s an existing gap between towns or a proposed move further afield, it’s worth getting advice early. Whether you’re the parent wanting to relocate or the parent concerned about losing time with your child, understanding how the courts weigh these decisions can make a real difference to how the conversation goes, in or out of court.
Our team regularly helps families across the region work through parenting arrangements that account for real-world distance and travel, and can help you understand your options before things become contested.
