Updated 28 October 2026
CM Law's Ultimate 50 List - Separated Couples FAQ #32: How to address changes in living arrangements?
How should separated parents change a child’s living arrangements?
Separated parents should check existing parenting orders, assess how a proposed change affects their child, and seek a properly documented agreement before changing arrangements. If agreement is unavailable, court orders may be needed. The child’s best interests govern parenting decisions, with safety, practical care and important relationships central to the assessment.
A new rental home, changed work roster, health issue or proposed interstate move can affect an otherwise workable routine. Start by identifying what actually needs to change: the child’s residence, school, overnight schedule, transport or arrangements for making decisions.
In NSW, contested parenting proceedings ordinarily go to the Federal Circuit and Family Court of Australia. Parents can also reach agreement without litigation. CM Lawyers’ parenting advice services can help identify the appropriate process.
Do both parents automatically have equal time or joint decision-making?
Australian law does not give parents an automatic entitlement to equal time. The presumption of equal shared parental responsibility was removed on 6 May 2024. Each parent ordinarily has parental responsibility, subject to court orders, but decisions about time and responsibility must address the particular child’s circumstances.
Read the actual orders. An order requiring joint decisions on major long-term issues generally requires consultation and a genuine effort to agree. Without such orders, consultation on those issues is encouraged where safe, rather than universally compulsory.
Major long-term issues can include schooling, health and changes that make spending time with a parent significantly more difficult. Routine decisions during a parent’s care generally do not require consultation, subject to orders. A new relationship alone is not automatically a major long-term issue.
What factors matter when deciding where a child should live?
The child’s best interests are the paramount consideration when a court makes parenting orders. Relevant factors include safety, the child’s views and needs, carers’ capacity, and the benefit of safe relationships with parents and significant people. The assessment concerns this child’s circumstances, rather than a preferred parenting formula.
The current parenting framework also specifically addresses Aboriginal and Torres Strait Islander children’s cultural rights. A workable proposal should explain:
- How schooling, friendships, siblings and cultural connections will be supported.
- Whether accommodation, transport and after-school care are realistic.
- How medical, disability or developmental needs will be met.
- What support is available when a parent is working or unwell.
A child’s views matter, but there is no fixed age at which a child automatically chooses the outcome. Children should not be pressured to choose sides or carry messages between parents.
Can I move with my child to another suburb or interstate?
A proposed move should be assessed by its effect on the child’s arrangements, not just whether it crosses a state border. A move that disrupts parenting time, schooling or existing orders needs careful legal review. If the relocation is disputed, seek agreement or appropriate orders before implementing it.
A nearby move may still make school transport or regular changeovers impractical. Conversely, distance alone does not decide the case. Explain the reasons for moving, the alternatives, and how the child’s care and relationships would work afterwards.
The Court’s relocation guidance warns that moving unilaterally can lead to an order requiring return with the child. It may also breach existing parenting orders. An order regulating a child’s residence should not be confused with an unrestricted requirement that an adult remain in a particular city.
International relocation needs separate advice about travel permission, passports and possible international child-abduction proceedings.
How should agreed variations and changeovers be recorded?
Record agreed changes in writing, including the dates, collection and return arrangements, and when the usual schedule resumes. Written communication reduces misunderstandings but does not automatically amend court orders. The legal effect depends on the existing orders, the form of the agreement and whether statutory parenting-plan requirements are met.
- Temporary arrangements: check whether the orders permit alternatives by agreement. Confirm pickup and drop-off times, locations, transport responsibility and any conditions before relying on a change.
- Parenting plans: these must be written, signed, dated and voluntary. They are not themselves enforceable as court orders. A qualifying later plan can affect existing orders under section 64D, unless excluded by the orders; other people bound by the orders must agree in writing.
- Consent orders: agreed revised orders become enforceable when made by the court. They are often appropriate for lasting changes to residence or parenting schedules.
Follow the existing parenting-order obligations while obtaining advice about a proposed variation. Do not rely on an undocumented conversation, an unanswered message or an assumption that the other parent agrees. Confirm agreed variations in writing and have their legal effect checked.
When can final parenting orders be reconsidered?
Without agreement, reopening final parenting orders generally requires a significant change in circumstances and a finding that reconsideration is in the child’s best interests. A new preference or dissatisfaction with the earlier outcome is insufficient by itself. The court also considers the potential benefit and disruption of further litigation.
Section 65DAAA of the Family Law Act governs reconsideration. In Radecki & Radecki [2024] FedCFamC1A 246, the Full Court confirmed that the significant-change threshold remains substantive under the amended legislation.
Changed care needs, important new evidence or a substantial alteration in circumstances may warrant assessment. None automatically guarantees new orders. Explain what has changed since the final orders and why reconsideration would benefit the child.
The court can also reconsider final orders with the agreement or consent of all parties. Have a lawyer distinguish between changing final orders, seeking interim arrangements and implementing an agreed variation.
What happens if parents cannot agree or safety is at risk?
Most contested parenting applications require a valid family dispute resolution certificate or an accepted exemption before filing. Family violence, child abuse or urgency can justify an exemption where the legal requirements are met. Parents should not be required to negotiate directly or continue a process that is unsafe.
The Court’s filing requirements provide that an application without the required certificate or an accepted exemption will be rejected. Where suitable, family dispute resolution can help parents compare practical proposals and resolve particular issues.
If the matter proceeds, the court may make interim orders while evidence is gathered. A Family Report can assess the child’s experiences and family circumstances; its recommendations inform the court but do not decide the case. Psychological assessments are not automatically required for every housing change.
Where safety is an issue, obtain urgent advice about protective measures, safe changeovers and appropriate parenting orders. Do not disclose a protected address or contact someone contrary to an apprehended violence order. Call 000 if there is immediate danger.
What does a verified relocation case show?
Howell & Potter illustrates that relocation decisions depend on the children’s needs and the practical effects of competing proposals. The court considered family support, employment opportunities and arrangements for maintaining parental relationships. Permission to move in one family’s circumstances does not create an automatic right for another parent to relocate.
In Howell & Potter [2025] FedCFamC2F 691, decided in Newcastle on 28 May 2025, the mother sought permission to move two children from the location anonymised as City B to Melbourne. The father opposed the move and wanted their week-about arrangement to continue.
The court considered the children’s additional needs and relationships with both parents. It found that family support and employment opportunities in Melbourne would enhance the mother’s capacity to care for them.
Relocation was permitted, with detailed orders addressing time with the father, school holidays, communication, flights and changeovers. The decision demonstrates the value of a concrete care proposal addressing both the benefits of moving and the arrangements needed afterwards.
What should I prepare before changing the arrangements?
Prepare a practical written proposal and obtain legal advice before committing to changes that may conflict with existing arrangements. Gather the current orders, relevant communications and evidence supporting the proposed change. Plan the transition around the child’s routines, and separate parenting decisions from unresolved property or financial disputes.
Your preparation should include:
- A proposed calendar showing school weeks, holidays and special occasions.
- Realistic travel times and costs, including who books and pays.
- Relevant school, care or health information and available support.
- Clear handover arrangements, communication methods and a review date.
Check lease, mortgage and financial obligations separately. Moving homes does not itself finalise a property settlement, and a private arrangement about payments may not release obligations owed to a lender or landlord.
For advice about changing arrangements or obtaining parenting court assistance, contact Christine Manolakos and the CM Lawyers team. Have the proposed agreement checked before signing or relying on it.
General information for separated parents in NSW. This article is not legal advice. Always have proposed changes, agreements and orders checked by a lawyer.
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