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Relocation Disputes

Law and Practice in England and New Zealand

By: Rob George
Media of Relocation Disputes
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Published: 10-01-2014
Format: Hardback
Edition: 1st
Extent: 210
ISBN: 9781849464666
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP : £55.00
 

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Loren Epson

About Relocation Disputes

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.

Table Of Contents

Introduction
1 Locating Relocation
Introduction
The Context of Relocation Disputes
Legal Approaches to Relocation Disputes
Relocation Literature
The Role of Research on Relocation
Doctrinal Research
Empirical Research
Overview of the Book
2 Changes in 'the Tides of Chance and Life': The Development of Relocation Law in England and New Zealand
Court Structures
Relevant Legislation
The Common Starting Point: Relocation Law, 1970–1995
Building on Poel: England and Wales, 1995–2012
Shared Care Relocation Applications
Relocation within the United Kingdom
Rejecting Poel: New Zealand, 1995–2012
Discussion
3 Applying the Law to Hypothetical Facts: Practitioners' Views on Three Case Studies
Tom's Case
Jane's Case
Mark and Hannah's Case
Discussion
4 Evaluating Relocation Law in England and Wales
Practitioners' Experiences of Relocation Law in Practice
Practitioners' Evaluations of Relocation Law in Practice
Cases not Decided under Payne
Cases Decided under Payne
Supporters of the Payne Approach
Particular Benefits of Payne
Criticisms of Details within the Payne Approach
Criticisms of the Payne Approach Itself
Practitioners' Views on Law Reform
Discussion
5 Evaluating Relocation Law in New Zealand
Practitioners' Experiences of Relocation Law in Practice
Practitioners' Evaluations of Relocation Law in Practice
Evaluating New Zealand Law in Principle
Evaluating New Zealand Law in Practice
Case Outcomes under New Zealand Law
Practitioners' Views on Law Reform
Discussion
6 Reforming Relocation Law?
Learning Lessons about Relocation Law
The Value of a Single Approach
The Value of Guidance
Rewriting the Relocation Guidance
Guidance in the Form of Factors to Consider
Guidance in the Form of Presumptions
Guidance in the Form of Questions
Concluding Remarks
Methodological Appendix
Overview of Research Methodology
Selecting a Sample of Legal Professionals to Interview
Conduct of Interviews
Analysis of Interviews

Reviews

“George's analysis of relocation law in England and New Zealand will be of benefit to practitioners in both jurisdictions, as well as in countries with similar family law systems. His incorporation of interviews with 22 practitioners in each country highlights the fundamental divergences of informed opinion on this fraught issue, at a time when it has been estimated that in 2010 there were 215 million international migrants annually, with that number typically increasing by around 10% every five years. Relocation Disputes is tightly and readably constructed. It is well researched and thoughtfully argued. George's modest proposals to find both a rapprochement between English and New Zealand law, and a middle road that fairly addresses the fundamental issues, deserve careful consideration. His research and data collection constitute a welcome and valuable contribution to scholarly analysis of issues in this fundamentally important area of family law. Relocation Disputes can be warmly recommended for all modern family law practitioners with an interest in the law, practice and policies relating to the post-separation life of families.” –  Ian Freckelton QC, New Zealand Family Law Journal

“This is an interesting and useful book.” –  Dorothea Gartland, Journal of Social Welfare and Family Law

“Dr Rob George is part of a small coterie of researchers around the world, including Australia, New Zealand, Canada and the USA, who have been looking over the past decade or so, in longitudinal studies, of the impact on children and parents of relocation. It is therefore highly appropriate in his latest publication that he looks at relocation in England and New Zealand and the reality of relocation in law and practice in these two jurisdictions. … Dr Rob George, through his research, shows in interviews how these complex cases affect those directly involved in the relocation process. He provides fresh insight into the wider issues affecting families who have gone through the relocation process. His findings will assist all family practitioners and family court judges in the way they approach these hugely difficult cases.” –  Ann Thomas, Family Law, July 2014

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