Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

08 SEP 2011

Relocation cases – the rhetoric and the reality of a child's best interests – a view from the bottom of the world [2011] CFLQ 226

 

Relocation cases have become a very significant aspect of family law. This article examines the difficulties in deciding (and predicting the outcomes of) national and international relocation cases. The article questions the usefulness of using checklists of non-prioritised, non-exhaustive factors to decide relocation cases based on the uncertainty such general checklists create for litigants and their children. This inevitably leads to increased litigation and appeals until the litigant finds a judge who will see the facts the litigant's way.

The article seeks to find a more principled way to decide relocation cases that would enable litigants to be given a realistic assessment of their likelihood of success at the outset. The article examines social science research for potential answers, but finds that there is no clear social science basis to support a policy either for or against relocation. The article discusses different theoretical frameworks, and argues that power between parents in relation to relocation should be allocated on the basis of actual responsibility for children. The article ultimately concludes by suggesting a prioritised ‘discipline' for the values that need to be considered in relocation disputes. This discipline attempts to provide a visible framework for litigants, lawyers and judges to follow, which is designed to enhance consistency and predictability in decision making, and to give real meaning to the welfare principle.

Financial Remedies Handbook

Financial Remedies Handbook

Formerly entitled the Ancillary Relief Handbook this is the first resort for thousands of...

Available in Lexis®Library
Female Genital Mutilation

Female Genital Mutilation

Law and Practice

Covers the law, practice and procedure in respect of FGM and also includes wider contextual...