Relocation cases presenters Mark Henaghan, Bronwen Klipel, Dugald Matheson New Zealand Law Society seminar
Material type:
Item type | Current library | Call number | Status | Barcode | |
---|---|---|---|---|---|
![]() |
Vine library | TRO 347.0173 REL | Available | A00668435B |
PART 1: RELOCATION CASES - THE LAW 1 Introduction 1 1. Technical issues 2 Jurisdiction 2 Burden of Proof 3 2. The New Zealand Court of Appeal and overseas jurisdictions 3 Stadniczenko v Stadniczenko [1995] NZFLR 493 3 Australia 5 Canada 8
This conference paper focuses on relocation cases in the New Zealand Family Court. The cases involve one guardian seeking permission to relocate with their children to another town, city or country, or one guardian seeking to stop another relocating with the children. Using court data and drawing on practice experience, the author outlines recent developments in court outcomes and legislation. The author maintains that from 1988 to 2000 there was an increase in relocations being disallowed by the court and the number of relocations that were blocked went from 38% to 52%. The author discusses the significant factors in cases where relocation was allowed, and where applications to prevent relocation were successful. The report then compares the New Zealand situation with practice in Australia, Canada, the United Kingdom, and the United States. The impact of the proposed Care of Children Act (2004) on relocation cases is also outlined. The author maintains that some sections of this Act conflict, and that the Act may have some significant effects on relocation decisions.
nz
New Zealand Law Society Family Law Conference 2000 : 189-205