Relocation Disputes : Law and Practice in England and New Zealand.
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, a...
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Format: | Electronic eBook |
Language: | English |
Published: |
London :
Bloomsbury Publishing,
2014
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Local Note: | ProQuest Ebook Central |
Table of Contents:
- Cover; Half-title; Title; Copyright; Foreword; Acknowledgements; Contents; Table of Cases; Table of Legislation; 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, 1995-2012Shared 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 PayneCriticisms 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 GuidanceRewriting 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; Bibliography; Index.