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U and U: The high court reconsiders relocation in the family court

Young, L. (2002) U and U: The high court reconsiders relocation in the family court. University of Western Australian Law Review, 6 . pp. 241-257.

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In 1999 the High Court took its first look at the vexed issue of relocation in family law matters: what to do when a residence parent wishes to move away, with the child/ren, from a contact parent. In that case, AMS v AIF; AIF v AMS ('AMS'),2 the High Court held (by a majority of 6-1) that the trial Judge had erroneously required the mother to establish she had a 'good reason' for her proposed move from Perth to Darwin. The paramount consideration for any parenting order is the best interests of the child,3 and while a parent's reasons for moving might well be relevant to that inquiry, the case held there is no pre-requisite that a parent establish a compelling reason before the move is permitted...

Item Type: Journal Article
Murdoch Affiliation: School of Law
Publisher: University of Western Australia, Law School
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