The Paramountcy Principle: in the context of relocation disputes

Opportunities to live, travel, work and study interstate and abroad are part and parcel of our day to day lives in Australia. Evolving technology, telecommunications and social media allow us to communicate effortlessly with friends and family, face to face and in real time, regardless as to whether they are suburbs away or continents apart.

Every day, children are brought into the world by parents who are expatriates, fly-in fly-out workers, immigrants, or who have temporarily or permanently relocated to pursue work or lifestyle interests. It is not uncommon for siblings to be born in different cities to each other, depending upon their parents’ movements.

In the context of an intact family, travel opportunities will often bring excitement and anticipation. At times, they may bring hesitation or uncertainty. Children in these relationships, however, have the benefit of both parents supporting their move and assisting them to adapt to their new environment. What happens, however, when an opportunity or a legitimate need for a parent to relocate arises after the breakdown of a relationship?

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