Relocation Disputes

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 KC, Damian Garrido and Anna Worwood, of Relocation: A Practical Guide, published in June 2013.

George’s analysis of relocation law in England and New Zealand will be of benefit to practitioners in both jurisdictions, as well as in countries with similar family law systems. His incorporation of interviews with 22 practitioners in each country highlights the fundamental divergences of informed opinion on this fraught issue, at a time when it has been estimated that in 2010 there were 215 million international migrants annually, with that number typically increasing by around 10% every five years. Relocation Disputes is tightly and readably constructed. It is well researched and thoughtfully argued. George’s modest proposals to find both a rapprochement between English and New Zealand law, and a middle road that fairly addresses the fundamental issues, deserve careful consideration. His research and data collection constitute a welcome and valuable contribution to scholarly analysis of issues in this fundamentally important area of family law. Relocation Disputes can be warmly recommended for all modern family law practitioners with an interest in the law, practice and policies relating to the post-separation life of families.

• 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