Reforming Relocation Law: An Evidence‐Based Approach

Abstract

In recent years, there has been much discussion within international fora about the need for a greater consensus on how to approach relocation cases. Empirical research on the lived experience of parents and children who have been through relocation disputes has an important role to play in providing an evidence base for decisions on policy. In this article, we summarize the findings of a 5-year prospective longitudinal study of relocation disputes in Australia and make recommendations in the light of this and other research evidence concerning a new approach to relocation law. We argue that there should be no presumptions. Nonetheless there is an appropriate place for legislative or appellate guidance on how to approach these disputes. "Good faith" should be irrelevant to decision making, and children should not be placed in the center of the conflict. The adjudication of relocation disputes should be on the basis of asking three questions: First, how close is the relationship between the nonresident parent and the child and how important is that relationship developmentally to the child? Second, if the relocation is to be permitted, how viable are the proposals for contact with the nonresident parent? Third, if the relationship between the child and the nonresident parent is developmentally important to the child and is likely to be diminished if the move is allowed, then (a) what are the viable alternatives to the parents living a long distance apart? and (b) is a move with the primary caregiver the least detrimental alternative?Key Points for the Family Court Community:• Describes the findings of empirical research on relocation disputes in Australia on the lived experience of children and families postrelocation disputes. • Reviews various features of relocation law and proposals for reform in the light of this research evidence. • Proposes an approach to deciding relocation cases based upon three essential questions.

Comment on Parkinson and Cashmore's (2015) Research and Proposal for Reforming Child Custody Relocation Law: Child Custody Evaluator and Psychological Perspecitve

“…Parkinson and Cashmore () present their findings from a qualitative, descriptive, and prospective study of parents who have been involved in child custody relocation disputes and their personal experiences in light of the judicial outcome. Parkinson and Cashmore report on the “voices” of parents and children as a result of their “relocation experience.” In this sense, the research is consistent with a phenomenological approach to research (Moustakas, ).…”

“…Parkinson and Cashmore report on the “voices” of parents and children as a result of their “relocation experience.” In this sense, the research is consistent with a phenomenological approach to research (Moustakas, ). Parkinson and Cashmore () present their ideas and proposals for legal reform as “evidenced‐based” research. However, the qualitative nature of the research renders the research as not sufficiently scientific or reliable to be part of expert testimony.…”

“…Parkinson and Cashmore () favor a “limited factorial approach” by advocating for relocation law and analyses to be limited to the existing list of best interests factors for that jurisdiction. Parkinson and Cashmore reason that such relocation factors and lists will compromise the court's ability to appreciate the nuances, contexts, and circumstances that are found in relocation disputes, or in the stories of the family members.…”

“… Parkinson and Cashmore () described their innovative, qualitative, and longitudinal research program on the experience of Australian families involved in relocation family law litigation. This constructive comment discusses the value and limitations of their main findings.…”

Relocation Issues in Child Custody Evaluations: A Survey of Professionals

“…This research generally shows that relocation is a stronger predictor of childhood maladjustment that is more pronounced for children of divorce; therefore, it can be concluded that relocation is a general risk factor for children of divorce, just as divorce is itself (McLanahan & Sandefur 1994;Tucker, Marx, & Long, 1998). While relocation creates risks, longitudinal, international research suggests that most children of divorce who relocate show a satisfactory long-term adjustment to living in their new community, if protective factors, such as having a resourceful, custodial moving parent with an effective parenting style (Parkinson & Cashmore, 2015;Taylor & Freeman, 2010) are in place. While relocation creates risks, longitudinal, international research suggests that most children of divorce who relocate show a satisfactory long-term adjustment to living in their new community, if protective factors, such as having a resourceful, custodial moving parent with an effective parenting style (Parkinson & Cashmore, 2015;Taylor & Freeman, 2010) are in place.…”