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Family Matters No. 47 - June 1997

News from the Family Court - Relocation dispute decided

Margaret Harrison

Abstract

In this article the author comments on the recent judgement by the Full Court of the Family Court (B and B: Family Law Reform Act) which considered a dispute that centred around the intention of a mother with custody of the children under the 'old' law to move from northern Queensland to central Victoria, with the children of her former marriage, in order to re marry. The essence of the judgement is that the best interests of the children remain the paramount consideration and define the central issue. The judgement provides a useful analysis of the Reform Act provisions and objectives, an overview of relocation decisions in Australia and elsewhere, and an illustration of the delicate balancing which accompanies many difficult disputes.

In this article the author comments on the recent judgement by the Full Court of the Family Court (B and B: Family Law Reform Act) which considered a dispute that centred around the intention of a mother with custody of the children under the 'old' law to move from northern Queensland to central Victoria, with the children of her former marriage, in order to re marry. The essence of the judgement is that the best interests of the children remain the paramount consideration and define the central issue. The judgement provides a useful analysis of the Reform Act provisions and objectives, an overview of relocation decisions in Australia and elsewhere, and an illustration of the delicate balancing which accompanies many difficult disputes.

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