Moving stories: Recent cases on custodial parents wanting to leave Australia with the children

 

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Content type
Family Matters article
Published

September 1995

Abstract

The author comments on two recent judgements of the Full Court of the Family Court of Australia which considered the law governing a custodial parent's mobility rights. In both cases the issue was whether a custodial parent can change where she or he lives when the change would result in the other parent not being able to have contact with the child on a regular basis. The similarities and differences between the two cases are examined as well as the direction of law they indicate for the development of law in mobility cases. The author concludes that the judgements reflect a strengthening judicial emphasis upon viewing the welfare of children as intrinsically connected to the psychological and economic wellbeing of the primary caregiver. a quality child care service which is fit for its purpose of sharing in the parenting of the nation's children. It will require, among other things, to be staffed by professional personnel.

The author comments on two recent judgements of the Full Court of the Family Court of Australia which considered the law governing a custodial parent's mobility rights. In both cases the issue was whether a custodial parent can change where she or he lives when the change would result in the other parent not being able to have contact with the child on a regular basis. The similarities and differences between the two cases are examined as well as the direction of law they indicate for the development of law in mobility cases. The author concludes that the judgements reflect a strengthening judicial emphasis upon viewing the welfare of children as intrinsically connected to the psychological and economic wellbeing of the primary caregiver. a quality child care service which is fit for its purpose of sharing in the parenting of the nation's children. It will require, among other things, to be staffed by professional personnel.

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