Quick answer
Ask the adviser to classify the move, confirm who holds guardianship and other parental responsibilities, identify which order or parenting plan applies, test what the available evidence proves, explain the child-specific best-interests factors, and choose between a written proposal, Family Advocate process, mediation, ordinary court application, urgent interim relief or a possible Hague Convention route.
How to use this guide
Also ask what not to do, what must be preserved immediately, what alternative arrangement should be developed and exactly what the quoted engagement will produce.
Prepare a question sheet, not a speech
Place the proposed destination and date at the top, followed by the current order, the child’s ordinary residence and the next travel, school or handover event. Then list the questions below with space for answers and follow-up evidence.
This structure helps the consultation resolve uncertainty rather than repeating every disagreement between the adults.
1. What kind of relocation event is this?
Ask whether the facts amount to a proposed domestic move, international relocation, temporary travel, imminent removal, completed move or retention after an agreed visit. Explain which facts are confirmed and which are inferred.
Ask what additional fact would change the classification: a fixed departure date, new school, signed employment offer, visa, ticket, passport application, lease or message identifying permanent residence.
2. Who holds which responsibilities and rights?
Provide the documents relating to care, contact and guardianship. Ask whether every relevant guardian has been identified and what consent is required for the proposed event.
For an international departure, ask specifically about the Children’s Act consent position and whether a court order is required if a guardian does not consent. For a domestic move, ask how the current order and section 31 consideration of affected views apply.
3. Which document governs residence and travel?
Ask the adviser to rank the current court order, registered parenting plan, signed private agreement and later drafts by legal effect. Does the proposal breach an existing term? Can the adults amend it privately, or must a Family Advocate or court process be used?
If the document is unclear, ask whether urgent compliance, clarification, amendment or enforcement advice is needed before negotiating new wording.
4. What does the evidence establish?
Ask which source proves destination, timing, housing, work, immigration, school and contact proposals. Present complete messages rather than isolated screenshots.
Ask what evidence is missing and how it can be obtained lawfully. Do not assume that suspicion authorises access to another person’s account, device, workplace or immigration records.
5. Which best-interests factors matter for this child?
The Children’s Act lists factors for evaluating a child’s best interests. Ask which are material on these facts: care history, relationships, age, development, schooling, health, disability, stability, distance, likely change, family violence or the ability to maintain meaningful relationships.
Ask what record supports each factor and what evidence would test the relocating parent’s plan or the objecting parent’s alternative.
6. How should the child’s views be obtained?
Ask what age-appropriate process should be used and who should conduct it. A child’s views may be relevant according to age and maturity, but the child should not be made the contracting party or final decision-maker.
Request guidance on recording spontaneous statements without interrogation and on protecting the child from adult correspondence.
7. What process fits the present risk and timing?
Ask whether a detailed written proposal should come first, whether the Family Advocate or mediation is suitable, whether an existing order must be amended, and whether a court application is required.
If time is short, ask what can be sought on an interim basis and which court has authority. Do not rely on a general internet deadline; show the actual papers and dates.
8. What would make the matter urgent?
List tickets, passport steps, visas, school withdrawal, accommodation, concealed location, contact interruption, safety concerns, an order breach and any completed move. Ask which fact requires action today and which can remain in ordinary preparation.
If the child has crossed an international border or has not been returned, ask whether the Hague Convention may apply and who should be contacted immediately.
9. What alternative should I prepare?
Ask whether your position needs a complete alternative covering residence, school, healthcare, in-person contact, online contact, transport, costs, holidays, information and emergencies. An adviser should be able to explain which terms are essential and which are preferences.
Where the objection is to timing or incomplete planning rather than every move, ask whether conditions or a staged process could address the child-focused risk.
10. What conduct could harm the position?
Ask about withholding the child, retaining passports, stopping maintenance, contacting a school or employer, public accusations, covert tracking, recording conversations, deleting messages and involving the child. The answer should distinguish lawful preservation from self-help or privacy breaches.
11. What is included in the professional engagement?
Confirm whether the fee covers document review, the meeting, written advice, a proposal, negotiations, Family Advocate material, court drafting or representation. Ask who will do the work, what is excluded, how urgent work is billed and when further authority is required.
Leave with a written action list: the next preservation step, document request, communication, process, owner and date. That is more useful than a broad promise to monitor the situation.
This educational article cannot predict whether relocation will be permitted or identify the correct forum without the documents and facts of the case.
Additional FAQ
Should I ask what evidence is needed about the proposed destination?
Yes. Ask which information about housing, school, care, support network, immigration status, travel cost and continuing contact is material, who should obtain it and how uncertainty should be presented without turning predictions into facts.
FAQs
What is the first classification question in a relocation consultation?
Ask whether the facts concern a domestic move, international relocation, temporary travel, threatened removal or a child already removed or retained, because those categories do not use one route.
Should I ask whether my consent is required?
Yes, but provide the guardianship documents, current order, parenting plan and destination facts so the adviser can answer from the actual legal baseline.
What practical outcome should I request from the meeting?
Ask for a written immediate-action list covering preservation, communication, missing evidence, the selected process, any verified deadline and the scope and cost of further work.
Should I ask what evidence is needed about the proposed destination?
Yes. Ask which information about housing, school, care, support network, immigration status, travel cost and continuing contact is material, who should obtain it and how uncertainty should be presented without turning predictions into facts.
Related Lexuno paths
Related articles
Source notes
Legal note
This article is general legal information for South African readers. It is not legal advice. Speak to a qualified legal professional about your specific facts before taking action.