Relocation cases are disputes between separated parents which arise when one parent proposes to move to a new geographic location with their child and the other parent objects to the proposal. Relocation disputes are widely recognised as being amongst the most difficult cases facing family courts, and the law governing them is increasingly a cause for debate at both national and international levels. In Relocation Disputes: Law and Practice in England and New Zealand, Rob George looks at the different ways in which the legal systems of England and New Zealand currently deal with relocation cases. Drawing on case law, literature and the views of legal practitioners in the two jurisdictions, Relocation Disputes represents a major contribution to our understanding of the everyday practice of relocation cases. The empirical data reported in this book reveal the practical differences between the English and New Zealand approaches to relocation, along with a detailed analysis of the pros and cons of each system as seen by judges, lawyers and court experts who deal with these cases in practice. This analysis leads to detailed criticisms and lessons that can be learnt, together with practical suggestions about possible reforms of relocation law.
Find out how evaluators, mediators, and judges deal with the issues of relocation in divorced families In the past, the relocation of a parent or child in custody cases was rarely a problem for divorced families—there was little conflict and little need for court intervention. But with the growth of shared custody, more fathers involved in parenting after divorce, and an increase in litigation between conflicted parents, relocation has become a complex issue that’s difficult for evaluators, judges, and public policymakers to resolve. Relocation Issues in Child Custody Cases offers a firsthand look at how evaluators investigate, predict, and make recommendations; how judges reach decisions based on those recommendations; and how individual states deal with relocation cases. Relocation Issues in Child Custody Cases examines how evaluators, mediators, and judges can best facilitate an environment where a child has an ongoing relationship with two parents, regardless of where each parent lives. This unique book looks at how the landscape in relocation cases has changed since the California Supreme Court’s landmark 2004 ruling in the LaMusga move-away case, examining relevant topics, including individual state statutes on relocation; a survey of courts in the United States; the functions of an evaluator; how a judge analyzes data before reaching a decision; parental conflict; domestic violence; change of circumstances; primary residence; and the process of developing parenting plans. Relocation Issues in Child Custody Cases examines: whether negative outcomes of parental relocation after divorce were a result of pre-existing conflict and domestic violence whether the “best interests of the child” is an acceptable standard in relocation cases investigative models for evaluators “for the move” and “against the move” biases—and how to reduce them a format for analyzing evidence in relocation cases the risks and benefits of presumptions in family law matters and much more Relocation Issues in Child Custody Cases is an essential resource for evaluators, mediators, judges, caseworkers, child psychologists, family therapists, and child advocates.
International child abduction is one of the most emotionally charged and fascinating areas of family law practice. The 1980 Hague Convention on the Civil Aspects of International Child Abduction was the response of the international community to the increase in the phenomenon of parental child abduction. However, behind the widely acclaimed success of this Convention - which has now been ratified by more than 90 states - lie personal tragedies, academic controversy and diplomatic tensions. The continuing steady flow of case-law from the various Member States has resulted in the emergence of different approaches to the interpretation of key concepts in the Convention. In addition, over the years other global and regional legal instruments and the recommendations of the Special Commissions have had an impact on the implementation of the Convention. This book brings together all these strands and provides an up-to-date, clear and highly readable discussion of the international operation of the Abduction Convention together with in-depth critical academic analysis in light of the objectives of the Convention and other relevant legal norms, such as the 1989 UN Convention on the Rights of the Child. Throughout the book, examples are brought from case law in many jurisdictions and reference is made to relevant legal and social science literature and empirical research. Over the past decade, increasing focus has been placed on what might be seen as procedural issues, such as separate representation for children, undertakings, judicial liaison and mediation. The book analyses the significance of these developments and the extent to which they can help resolve the continuing tension between some of the objectives of the Convention and the interests of individual children. This book will be essential reading for judges, practitioners, researchers, students, policy-makers and others who are seeking a critical and informed analysis of the latest developments in international abduction law and practice. From the Foreword by Brenda Hale, Justice of the Supreme Court of the United Kingdom 'This book is, as far as I am aware, the first scholarly monograph to study the interpretation and application of the Convention across the whole legal space which it occupies and to critically assess these in light of the object and purposes of the Convention and other relevant legal norms. Cases are drawn from many jurisdictions to discuss how different countries interpret the Convention and links are made with relevant statistical, social and psychological research in a thoughtful discussion of the significance of such material both to judicial decision-making and to policy development...a study which deserves to be read by anyone with an interest in the modern phenomenon of international child abduction, whether judge, practitioner, policy-maker, parent, researcher or scholar. There is plenty for us all to think about.'
This volume contains twenty-three contributions delivered at the CEFL's second international conference which took place in Utrecht in December 2004. The interventions written by both experienced family experts as well as young researchers cover those fields of family law that are closely related to the activities of the CEFL: (1) divorce and maintenance between former spouses, (2) parental responsibilities, (3) informal long-term relationships and (4) the revised Brussels II Regulation. Furthermore, the opening two contributions deal not only with essential aspects of the harmonisation process of family law in Europe but also with the CEFL's working method.
This collection brings together some of the most eminent and exciting authors researching family responsibilities to examine understandings of the day to day responsibilities which people undertake within families and the role of the law in the construction of those understandings. The authors explore a range of questions fundamental to our understanding of 'responsibility' in family life: To whom, and to what ends, are family members responsible? Is responsibility primarily a matter of care? Can we fulfil our family responsibilities by paying those to whom we owe responsibility? Or by paying others to fulfil our caring obligations for us? In each of these circumstances the chapters in this collection explore what it means to have family responsibilities, what constitutes an adequate performance of such responsibilities and the point at which the state intervenes. At the heart of this collection is an interest in the way in which the changing family affects people's perception and exercise their family responsibilities, and how the law attempts to regulate (and understand) those responsibilities. The essays range across intact and separated or fragmented families, from lone and shared parenting in single homes to caring across households (and even across international boundaries) to reflect on the actual caring responsibilities of family members and on the fulfilment of financial responsibilities in families. This collection seeks to advance our understanding of the attempts of the law, and its limits, in regulating the responsibilities which family members take for each other.
This collection brings together some of the most eminent and exciting authors researching family responsibilities to examine understandings of the day to day responsibilities which people undertake within families and the role of the law in the construction of those understandings. The authors explore a range of questions fundamental to our understanding of 'responsibility' in family life: To whom, and to what ends, are family members responsible? Is responsibility primarily a matter of care? Can we fulfil our family responsibilities by paying those to whom we owe responsibility? Or by paying others to fulfil our caring obligations for us? In each of these circumstances the chapters in this collection explore what it means to have family responsibilities, what constitutes an adequate performance of such responsibilities and the point at which the state intervenes. At the heart of this collection is an interest in the way in which the changing family affects people's perception and exercise their family responsibilities, and how the law attempts to regulate (and understand) those responsibilities. The essays range across intact and separated or fragmented families, from lone and shared parenting in single homes to caring across households (and even across international boundaries) to reflect on the actual caring responsibilities of family members and on the fulfilment of financial responsibilities in families. This collection seeks to advance our understanding of the attempts of the law, and its limits, in regulating the responsibilities which family members take for each other.
This essential Q&A study and revision guide contains a variety of model answers and plans to give you the confidence to tackle any essay or problem question, and give you the skills you need to excel in law exams and coursework assignments.
The UN Convention on the Rights of the Child is acknowledged as a landmark in the development of children's rights. Article 3 makes the child's best interests a primary consideration in all actions concerning children and requires States Parties to ensure their care and protection. This volume, written by experts in children's rights from a range of jurisdictions, explores the implementation of Article 3 around the world. It opens with a contextual analysis of Article 3, before offering a critique of its implementation in various settings, including parenting, religion, domestic violence and baby switching. Amongst the themes that emerge are the challenges posed by the content of 'best interests', 'welfare' and 'well-being'; the priority to be accorded them; and the legal, socioeconomic and other obstacles to legislating for children's rights. This book is essential for all readers who interact with one of the Convention's most fundamental principles.
More so than in any other form of forensic evaluation, mental health professionals who conduct parenting plan evaluations must have an understanding of the most current evidence in the areas of child development, optimal parenting plans across various populations, behavioral psychology, family violence, and legal issues to inform their opinions. In addition, family law judges and legal professionals require the best available evidence to support their decisions and positions. Parenting Plan Evaluations has become the go-to source for the most current empirical evidence in the field of child custody disputes. Fully updated in this Second Edition, the volume continues its focus on translating and implementing research associated with the most important topics within the family court. It presents an organized and in-depth analysis of the latest research and offers specific recommendations for applying these findings to the issues in child custody disputes. Written by international experts in the field, chapters cover the most important and complex issues that arise in family court, such as attachment and overnight timesharing with very young children, co-parenting children with chronic medical conditions and developmental disorders, domestic violence during separation and divorce, alienation, gay and lesbian co-parents, and relocation, among others. This volume assists forensic mental health professionals to proffer empirically based opinions, conclusions, and recommendations and assists family law judges and attorneys in evaluating the reliability of the information provided to the courts by mental health professionals in their reports and testimony. Not just for forensic evaluators, Parenting Plan Evaluations is a must-read for legal practitioners, family law judges and attorneys, and other professionals seeking to understand more about the science behind parenting plan evaluations.
