Susannah Quinn

Lawyer
at Mills Oakley
+ 61 2 8289 5800
Sydney
Australia

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Susannah is an experienced and dual qualified family lawyer who has practiced in England as a Barrister and Solicitor and is now based in Sydney, Australia practising as a Solicitor in international family law. Susannah ia also a trained mediator.

Susannah works closely with expatriates and local families with members living internationally. She provides proactive, practical, and compassionate support covering all aspects of family law, relationship issues, and their legal implications.

Susannah’s goal is to help her clients find solutions that support a safe and strong family dynamic as the family transitions to a new phase of life.

A key focus of Susannah’s practice is post-separation, international arrangements for children, and the resolution of relocation disputes.

Susannah speaks English.
Subsidized legal aid is not possible

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I studied law at the Law faculty at Kings College, University of London and then studied for the Bar exams at the Four Inns of Court College (Bar School) London.

I trained at 29 Bedford Row Chambers, London a specialist Family law set of barristers.

I left UK practice in 2000 and relocated with my family to Sydney, Australia.

I became an Australian qualified solicitor in 2004. I am also trained as a mediator.

Since 2015 I have practiced exclusively in family law with a number of international family law cases since 2015.

As an English and Australian qualified lawyer, I have an international Family law network and clients. The clients are families based in Sydney who require advice and often Court proceedings. I also advise English clients who have connections to Australia:

Typical client engagements:
• Relocation with children to England from Australia.
• Advice to parents in England whose children are in Australia.
• Advice during pandemic on parents “stuck” overseas and effect on child’s habitual residence.
• I also advise on financial separation of parties with assets in multiple locations.

Some personal questions

What is your opinion on the law / case law on child relocation in your country?

In the case of multi-location families with roots and relatives outside Australia, I would like to see more consideration given to the primary parent’s support network of extended family. The quality of support available to the child’s primary attachment figure directly impacts the quality of the child’s upbringing.

In Australia, parenting orders are governed by the federal Family Law Act 1975, which requires that the best interests of the child be the primary consideration (s. 60CA). Courts assess the impact of potential orders on a child’s overall welfare, including developmental, psychological, and emotional needs (s. 60CC(2)(c)-(e)).

I have observed in some cases that an inferior support network and earning capacity of the primary carer residing in Australia (who is seeking to relocate back to a place of origin), comes second place to not wanting to change the status quo which has been set up to facilitate the non-primary parent’s employment and the child’s attendance at a local school. The status quo often carries significant weight even for families that have only been in Australia for a relatively short time.
Australia has many “stuck” mothers particularly from the UK. The distance is vast for these mothers and their financially stretched situation makes regular air travel to connect with home infrequent. In this way the unique and loving advantage of time with invested grandparents, aunts, uncles and cousins and the child’s culture of origin is lost to these children. I would like to see greater recognition and balancing of this potential loss in the expert opinion provided to the Court and in judicial deliberation.

What is your advice to parents who are thinking about relocating with a child?

I would advise that they don’t do anything in a hurry and that a realistic assessment of pros and cons is undertaken before any departure decision or date is agreed.

I would recommend that these parents consider that they will need information and support to navigate that discussion and that they reach out to use the resources that are available – family lawyers and experienced counsellors. I would also recommend a collaborative process of mediation.

My advice to those parents is that it is becoming increasingly common for families to have multiple locations and connections. With enhanced travel and communications, there is no one and only place of “home”.

In cases where parenting orders are in place or pending, sections 65Y, 65YA, 65Z, and 65ZAA of the Family Law Act 1975 establish strict obligations regarding relocating a child internationally. These provisions emphasise the legal necessity of adhering to existing orders and underscore the need for careful planning and legal guidance to avoid breaches.

What should parents know before starting a court procedure about child relocation?

In Australia obtaining a relocation order is going to be costly, stressful and relatively uphill. This is another reason to take a collaborative approach, and to focus on creating parenting arrangements that respect and include the child’s multiple sources of identity and culture. Compromise is essential.

Where there is little potential for a genuinely collaborative approach, I advise that Court proceedings are commenced by the party seeking relocation, without delay.

What would you like to say to guardians ad litem and other professionals involved in child relocation cases?

In Australia we have Independent Children’s Lawyers often called ICLs. They are paid by the state Legal Aid system to objectively represent the interests of the child.

ICLs play a vital role in child relocation cases by advocating for the child’s best interests, as outlined in Division 10 of the Family Law Act 1975. Under section 68LA, ICLs are required to form an independent view based on evidence and act accordingly in the child’s best interests.

Despite this crucial role, the amount ICLs are paid is very small compared to the rates that the parents’ lawyers are paid. I would like to see the fees increased for the valuable and important services these dedicated lawyers provide.

What is your (practical) advice to parents, to make relocation easier for a child?

Your children will only have one childhood in which they grow and lay the foundations for their adult lives. Do your best to keep a perspective on what is best for your child and break the move down into manageable areas of planning.

The best solutions will require compromise and balance. They will require a sense of proportion and a long term view.

Remember that you are not alone – many families have tackled relocation and increasingly families have roots in multiple places.

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Susannah Quinn

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