Relocation disputes : law and practice in England and New Zealand

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Bibliographic Information

Relocation disputes : law and practice in England and New Zealand

Rob George

Hart Pub., 2014

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Includes bibliographical references (p. [175]-181) and index

Description and Table of Contents

Description

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

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