Sections 60CA and 60CC of the Family Law Act 1975 (Cth) make the child’s best interests central to parenting decisions. The current framework considers safety, the child’s views and needs, carers’ capacities and the benefit of safe relationships, among other matters. It does not promise either parent equal time. A useful relocation proposal explains schooling, accommodation, language, health care, travel costs and how the child will maintain meaningful contact across borders.
In U v U (2002) 211 CLR 238; [2002] HCA 36, the High Court considered a mother’s proposed overseas relocation. The Court’s task was not simply to select whichever of two parental proposals was presented. The case illustrates the need to examine realistic parenting arrangements. It predates major amendments to parenting law, including those commencing in May 2024, so its earlier statutory framework should not be substituted for today’s provisions.
Family dispute resolution may help parents reach agreement; s 60I generally requires the relevant certificate before certain parenting applications, subject to exceptions including urgency and family violence. A permanent relocation and an agreed holiday are different decisions. If proceedings or parenting orders exist, overseas removal can engage specific restrictions. Do not assume that holding the child’s passport or being the primary carer supplies permission.
Bring the parenting orders, proposed itinerary, the other parent’s position and a costed contact plan to your appointment. Where China is the destination, obtain specific advice about consent, Australian court orders and the practical ability to secure a child’s return. Raise urgent concerns immediately rather than attempting to resolve them at the airport.
Author: Davis Kwok
Last updated: October 2026
Jurisdiction: New South Wales, Australia
Disclaimer: This article provides general information only and does not constitute legal, financial or tax advice. The law may change and its application depends on individual circumstances. You should obtain professional advice before acting on the information contained in this article.