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    Relocation Disputes: Law and Practice in England and New Zealand (Hardback) By (author) Rob George

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    DescriptionRelocation 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.


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  • Full bibliographic data for Relocation Disputes

    Title
    Relocation Disputes
    Subtitle
    Law and Practice in England and New Zealand
    Authors and contributors
    By (author) Rob George
    Physical properties
    Format: Hardback
    Number of pages: 210
    Width: 156 mm
    Height: 234 mm
    Thickness: 12 mm
    Weight: 480 g
    Language
    English
    ISBN
    ISBN 13: 9781849464666
    ISBN 10: 1849464669
    Classifications

    B&T Book Type: NF
    BIC E4L: LAW
    BIC geographical qualifier V2: 1MBN
    Nielsen BookScan Product Class 3: S5.4
    BIC geographical qualifier V2: 1DBKW, 1DBKE
    B&T Merchandise Category: TXT
    LC classification: K
    Ingram Subject Code: LE
    Libri: I-LE
    Warengruppen-Systematik des deutschen Buchhandels: 17780
    B&T General Subject: 490
    Abridged Dewey: 346
    BIC subject category V2: 1DBKW, 1DBKE, LNMK
    BISAC V2.8: LAW051000, LAW038000
    BIC subject category V2: 1MBN
    DC23: 346.017
    Thema V1.0: LNMK
    Edition statement
    New.
    Publisher
    Bloomsbury Publishing PLC
    Imprint name
    Hart Publishing
    Publication date
    10 January 2014
    Publication City/Country
    Oxford
    Author Information
    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 QC, Damian Garrido and Anna Worwood, of Relocation: A Practical Guide, published in June 2013.
    Review quote
    ENDORSEMENTS The exceptionally valuable study published in this book makes more widely available much of what [Dr George] has so far accomplished. The research that he has done amidst the practitioners of England and New Zealand is particularly relevant...We are fortunate in having in our midst a young scholar who has chosen to devote his talent to a highly specialised but highly important topic From the Foreword by The Rt Hon Lord Justice Thorpe, Court of Appeal, England and Wales Dr Rob George has written the definitive work on the state of relocation cases in England and New Zealand. The divergence in judicial approach is beautifully analysed through both case law and empirical interviews. This book is essential reading for understanding the complexities of relocation cases Professor Mark Henaghan, Dean of the Law School, University of Otago, New Zealand Dr George holds up a mirror to what we do in relocation cases, and draws a map of where we might want to go. More than that, we see how lawyers and judges think about hard decisions, and how studies of this kind can help us think more clearly The Hon Mr Justice Peter Jackson, Family Division of the High Court of England and Wales
    Table of 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 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