000			04696nam a22002657a 4500
999			_c3819 _d3819
003			FVC
005			20250625151315.0
008			120412t2010 -nz||||| |||| 00| 0 eng d
040			_aFVC
100			_92195 _aTaylor, Nicola J.
245			_aRelocation following parental separation: _bthe welfare and best interests of children. Research report _cNicola Taylor, Megan Gollop, Mark Henaghan
260			_aDunedin, N.Z.: _bCentre for Research on Children and Families and Faculty of Law University of Otago, _c2010.
300			_aelectronic document (160 p.); PDF file
520			_aRelocation disputes are widely regarded as one of the most controversial and difficultissues in family law internationally. The New Zealand Law Foundation funded a socio-legal research team from the University of Otago to undertake a three-year study on relocation following parental separation from 2007 to 2009. This research was the first conducted in New Zealand on relocation, and amongst the first worldwide to explore family members’ perspectives on this issue. One hundred New Zealand families where a parent had relocated (or sought to relocate) with the children, and that move would have a significant impact on contact arrangements with the other parent, were recruited to take part in the study. The sample comprised 114 parents (73 mothers and 41 fathers; in 14 families both parents took part), and 44 children (aged 7-18 years) from 30 of the 100 families. The first round of in-depth, semi-structured parent and child interviews was conducted in 2007 and 2008, with follow-up interviews undertaken with the parents 12-18 months later. Some standardised measures were also administered with the parents to assess their child’s social and emotional development and to collect demographic and interparental relationship data. Just over half (51%) of the families had their relocation disputes determined by the Family Court or the High Court on appeal. This research report describes the methodology employed in undertaking the study and reports on the diversity and complexity of the twelve relocation sequences that emerged in our parent data. The key findings from our interviews with the 44 children are also presented. Consideration is given to the statutory framework governing relocation disputes in New Zealand and our analysis of adjudication trends in New Zealand’s case law over the past twenty years. Particular attention is given to 116 cases (100 from the Family Court and 16 from the High Court) decided since the Care of Children Act 2004 took effect on 1 July 2005. Since then successful applications to relocate within New Zealand have steadily increased from a low of 20% in 2005, up to 48% in 2006, down to 42% in 2007 and 2008, and up to 60% in 2009. Applications to relocate overseas have generally been more successful, from 38% in 2005 to a high of 70% in 2008. Overall, 55% of applications to relocate overseas were successful, and 40% of applications for relocation within New Zealand were successful. The research report also explores population mobility in intact and separated families, and considers definitions of relocation in the context of parental separation. As well, the empirical research evidence from the USA, Australia and England on postseparation relocation disputes is reviewed. An overview of key aspects of the law governing relocation in several jurisdictions, including Australia, England/Wales, Canada and the USA, is provided. In most Western jurisdictions the Court’s paramount consideration is the child’s welfare or best interests. While some adopt a more neutral, all-factor, approach, others have a presumption either in favour of, or against, relocation. The pproach taken to determining the child’s best interests also varies depending on whether the Courts consider that children are more likely to attain their potential when they are in the care of a happy, well-functioning primary parent who has been allowed to relocate or benefit from security and stability in their existing location where they can easily maintain relationships with both of their parents. From the abstract. The findings and conclusions included in this research report are preliminary. The study remains a ‘work in progress’ as coding and data analysis of the parent interviews is still underway.
650	2	7	_9241 _aFAMILY COURT
650	2	7	_aJUSTICE _9333
650	2	7	_aFAMILY LAW _9244
650	2	7	_aSEPARATION _9522
650	2	4	_aCONTACT (ACCESS) _929
651		4	_aNEW ZEALAND _92588
700			_91240 _aGollop, Megan
700			_91333 _aHenaghan, Mark
856			_uhttps://www.otago.ac.nz/cic/otago630000.pdf
942			_cREPORT _2ddc