Reforming Relocation Law: An Evidence‐Based Approach

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.

     

The learning organisation as a model for rural development

This article presents evidence from Uganda's National Agricultural Advisory Service to argue that the concept of ‘the learning organisation’ is a valuable complement to participatory development which may facilitate a shift towards more democratic development institutions in which target beneficiaries have a stronger voice in planning and managing development. The concept of ‘the learning organisation’ as developed within the literature of management studies cannot, however, be readily translated into anything as specific as a clear set of practical guidelines. Rather it acts as a seed that grows to take on characteristics specific to the rural development context.     

Judicial Conversations With Children in Parenting Disputes: The Views Of Australian Judges

In an article in the last issue of this Journal, we reportedon a study of parents' and children's views about whether theywould like judges to talk with children in chambers. This articlereports on a related study of the views of Australian judgesconcerning the issue. It explores the reasons that judges gavefor being opposed to or cautiously in favour of having conversationswith children before and after making their decisions. On thebasis of these views, and the views of the parents and childrendiscussed in the earlier article, we propose guidelines on whenand how judges should engage in ‘conversations’with children in chambers if they consider it appropriate todo so.     

Nonsex offenses committed by child molesters: findings from a longitudinal study

This study, which used a prospective as well as a retrospective methodology, examined the criminal records of 30 child molesters prior to, and up to 10 years after an index event of sexual abuse for which they were convicted: 73% had convictions for other offenses, 60% had convictions for offenses other than sex offenses, 50% had convictions for property offenses, 27% had convictions for offenses involving violence, and 23% had convictions for drug offenses. Offending levels for nonsex offenses were significantly higher than the general adult male population. Any theory concerning the dynamics of sex offending against children needs to account for the level of nonsex offenses committed by child molesters.