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Vol 21 No 11 Nov/Dec 2016

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Relocation Disputes: Law and Practice in England and New Zealand


ISBN13: 9781849464666
Published: January 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £45.00



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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.

Subjects:
Family Law, Other Jurisdictions , New Zealand
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