Relocation Disputes

Law and Practice in England and New Zealand
1. Auflage 2014
ISBN: 978-1-84946-466-6
Verlag: Bloomsbury 3PL

Buch, Englisch, 204 Seiten, Hardback, Format (B × H): 161 mm x 240 mm, Gewicht: 487 g

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.

Autoren/Hrsg.

George, Rob

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

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

Über Autor(innen)

George, Rob
Rob George is Professor of Law and Policy at University College London, and barrister at Harcourt Chambers, UK.

Rob George is a British Academy Postdoctoral Fellow at University College, Oxford, and an Associate Member of Harcourt Chambers, London. He is the author of numerous articles on relocation disputes and other aspects of family law, and is co-author, with Frances Judd KC, Damian Garrido and Anna Worwood, of Relocation: A Practical Guide, published in June 2013.