Guardianship decisions and relocation: when can a parent move with a child?

In New Zealand, decisions about where a child lives are considered guardianship decisions. As discussed in my previous article about guardianship decisions and education, this means the decision must be made jointly by all guardians, usually the child’s parents.

What does joint decision making mean in practice?

Relocation disputes are common following separation, particularly where one parent wants to move to another part of New Zealand or overseas for work, housing, or family support.

These situations can be emotionally charged and time-sensitive, but it is important to understand that one parent cannot decide to relocate a child without consent from all guardians.

Relocation vs travel: what’s the difference?

A common area of confusion is the difference between travel and relocation.

• Travel generally refers to short-term trips, such as overseas holidays or domestic trips, where the child is expected to return to their usual home. It is important to note that a quick family getaway to Fiji or the Gold Coast still requires the consent of all guardians. We do not cover this aspect within this article, but it is key to be aware.

• Relocation involves a change to the child’s usual place of residence and  can impact schooling, daily routines, and the child’s ability to maintain a relationship with the other parent. However this is not always the case.  Even relocating to a different suburb in the same region requires the other guardians consent.

Joint decision-making on relocation

As relocation affects where a child lives, it is a major decision that requires consultation and agreement between all guardians.

This applies to:

• Domestic moves, such as relocating suburbs; and

• Overseas moves, including relocation to Australia or further abroad.

Even if a parent believes the move will offer better opportunities or improved living conditions, they must still consult with the other guardian and obtain their agreement before relocating with the child.

Common situations where relocation disputes arise

Relocation disputes often arise in circumstances such as:

• One parent receives a job offer in another city or country;

• A parent wishes to return overseas to be closer to extended family or support networks;

• Housing affordability or cost-of-living pressures make remaining in the same area difficult; or

• A parent proposes a “trial” relocation, intending to reassess later.

While these reasons are understandable, even good intentions do not remove the legal requirement for joint decision-making.

The court’s approach to unilateral relocation

The Family Court takes guardianship obligations seriously and expects parents to consult and cooperate on relocation decisions.

Where a parent relocates or attempts to relocate a child without the other guardian’s consent, the court has the power to intervene. This may include making orders to:

• Prevent the relocation from proceeding;

• Require the child to be returned to their original location; or

• Put interim arrangements in place while the matter is determined.

The court’s primary focus is always the child’s welfare and best interests, including their need for stability and the ability to maintain meaningful relationships with both parents. The court takes into consideration a range of factors, however unilateral relocation is generally not viewed favourably. There have been many cases where the court has ordered the return of a child as a result of relocating a child without consent.

What if you can’t reach agreement?

If guardians cannot agree on relocation, there are steps available before the matter proceeds to court.

1. Family Dispute Resolution (FDR)

Family Dispute Resolution is a confidential mediation process designed to help guardians resolve disputes outside of court. It is often publicly funded and available through approved providers.

A trained mediator assists the parties to discuss the proposed move, consider alternatives, and explore whether an agreement can be reached. If agreement is achieved, it can be recorded in writing. If not, the mediator will issue a certificate confirming that resolution was not possible.

Early engagement in FDR is particularly important in relocation matters, as decisions are often time-sensitive.

2. Court proceedings

If FDR is unsuccessful, or not appropriate in the circumstances, an application can be made to the Family Court.

The judge will consider all relevant factors and make a decision based on what is in the child’s best interests. Any court order made is legally binding, and failure to comply may result in enforcement action or other consequences.

If relocation has already occurred, it is important to speak to a family lawyer as soon as possible.

Planning ahead: reducing the risk of relocation disputes

Relocation disputes are often avoidable with early communication and careful planning.

Parents should consider:

• Raising relocation discussions as early as possible;

• Being transparent about reasons, timing, and proposed arrangements;

• Exploring options that support the child’s ongoing relationship with both parents; and

• Seeking legal advice before making firm commitments, such as accepting employment or enrolling a child in a new school.

Next steps

Relocation decisions can be driven by financial pressure, employment opportunities, or the need for family support. However, where children are involved, these decisions must be approached carefully.

Understanding your obligations as a guardian can help avoid urgent court applications, reduce stress for everyone involved, and ensure the child’s best interests remain at the centre of any decision.

If you are considering relocating with a child and are unsure of your legal obligations, speaking with a member of our family law team early can help you understand your options and avoid unnecessary conflict.

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