Relocation disputes : law and practice in England and New Zealand / Rob George.

Format:

Book

Author/Creator:

George, Robert H. (Robert Henry), 1984- author.

Language:

English

Subjects (All):

Relocation (Housing)--Law and legislation--Great Britain.

Relocation (Housing).

Relocation (Housing)--Law and legislation--New Zealand.

Physical Description:

1 online resource (211 p.)

Edition:

1st ed.

Place of Publication:

Oxford : Hart Publishing, 2014.

Language Note:

English

Summary:

"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."--Bloomsbury Publishing.

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

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

5 Evaluating Relocation Law in New Zealand

Evaluating New Zealand Law in Principle

Evaluating New Zealand Law in Practice

Case Outcomes under New Zealand Law

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

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

9781474200370

1474200370

9781782252177

1782252177

OCLC:

873806770