Hostname: page-component-586b7cd67f-dsjbd Total loading time: 0 Render date: 2024-11-28T08:07:09.070Z Has data issue: false hasContentIssue false
  • English
  • Français

Abduction and Relocation – Links and Messages

Published online by Cambridge University Press:  13 December 2013

Marilyn Freeman
Marilyn Freeman*
Affiliation:
Professor of Family Law and Co-director of the Centre for Family Law and Practice, London Metropolitan University, UK
*
addresses for correspondence: Professor Marilyn Freeman Professor of Family Law and Co-director of the Centre for Family Law and Practice, London Metropolitan University, Goulston Street, London E1 7NT, England, Email: [email protected]
Get access Rights & Permissions [Opens in a new window]

Abstract

This article considers the links between international child abduction and relocation. It draws on research evidence and anecdotal evidence to explore the conventional wisdom that a restrictive relocation jurisdiction will result in increased abductions by the parent wishing to relocate, usually the mother, while a liberal relocation jurisdiction will result in increased abductions by the prospective left-behind parent, usually the father. The article concludes by considering whether specialist mediation can help to prevent what are truly relocation disputes from becoming abductions.

Keywords

International child abductionrelocationfamily law
Type
Articles
Information
Children Australia , Volume 38 , Special Issue 4: A SPECIAL ISSUE ON INTERNATIONAL FAMILY MOBILITY (AND THE BROADER FAMILY LAW CONTEXT) , December 2013 , pp. 143 - 148
Copyright
Copyright © The Authors 2013 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Bala, N., & Wheeler, A. (2012). Canadian relocation cases: Heading towards guidelines. Canadian Family Law Quarterly, 271, 316.Google Scholar
Behrens, J., Smyth, B., & Kaspiew, R. (2009). Australian family law court decisions on relocation: Dynamics in parents’ relationships across time. Australian Journal of Family Law, 23 (3), 222–246.Google Scholar
Chiancone, J., Girdner, L., & Hoff, P. (2001). Issues in resolving cases of international child abduction by parents. Juvenile Justice Bulletin, Office of Juvenile Justice and Delinquency, US Department of Justice, pp. 1–19. Retrieved from https://www.ncjrs.gov/pdffiles1/ojjdp/190105.pdf Google Scholar
Dalley, M.L. (2007). The left-behind parents’ view of the parental abduction experience, its characteristics and effect on the Canadian victims. Retrieved from http://www.rcmp-grc.gc.ca/pubs/omc-ned/leftbe-laisderr-eng.pdf Google Scholar
Freeman, M. (2001). Primary carers and the Hague Child Abduction Convention, International Family Law, 140 (2).Google Scholar
Freeman, M. (2003). The outcomes for children returned following an abduction. www.reunite.org Google Scholar
Freeman, M. (2006). International Child Abduction – The Effects. www.reunite.org Google Scholar
Freeman, M. (2009). Relocation: The reunite research. Research Report. London: Research Unit of the reunite International Child Abduction Centre.Google Scholar
Freeman, M. (2010). Relocation: The reunite Research Project. International Family Law, 161.Google Scholar
Freeman, M., & Taylor, N.J. (2011). The reign of Payne. Journal of Family Law and Practice, 2 (2), 20–27.Google Scholar
George, R. (2010). Reassessing relocation: A comparative analysis of legal approaches to disputes over family migration after parental separation in England and New Zealand, DPhil Thesis, University of Oxford.Google Scholar
George, R. (2012a). Researching relocation disputes in first instance courts. Retrieved from http://www.familylawweek.co.uk/site.aspx?i=ed97056 Google Scholar
George, R. (2012b). Retrieved from http://legalliberal.blogspot.co.uk/2012/03/relocation-disputes-in-family-courts.html Google Scholar
Gilmore, S., & Glennon, L. (2012). Hayes and Williams’ Family law (3rd ed.), Oxford: Oxford University Press.Google Scholar
Good Practice Guide issued by the Hague Conference in relation to the abduction context (2012). The Netherlands: The Hague Conference on Private International Law Permanent Bureau. Retrieved from http://www.hcch.net/upload/guide28mediation_en.pdf Google Scholar
Greif, G. L. (2009). The long-term aftermath of child abduction: Two case studies and implications for family therapy. American Journal of Family Therapy, 37, 273–286.Google Scholar
Greif, G.L., & Bowers, J. (2007). Unresolved loss: Issues in working with adults whose siblings were kidnapped years ago. American Journal of Family Therapy, 35 (3).Google Scholar
Henaghan, R. M. (2011). Relocation cases: The rhetoric and reality of a child's best interests: A view from the bottom of the world. Child and Family Law Quarterly, 40 (3), 226.Google Scholar
Parkinson, P., Cashmore, J., & Single, J. (2010). The need for reality testing in relocation cases. Family Law Quarterly, 44, 1.Google Scholar
Permanent Bureau to the Hague Conference on Private International Law. (2012, January). Preliminary Note on International Family Relocation. Preliminary Document No. 11 for the attention of the Special Commission of January 2012 on the practical operation of the 1980 Hague Child Abduction Convention and the 1996 Hague Child Protection Convention.Google Scholar
Re G (Children) (Education: Religious Upbringing) [2012] EWCA Civ 1233.Google Scholar
Re W (Children) [2012] EWCA Civ 999.Google Scholar
S v C [2011] EWCA Civ 1385.Google Scholar
Taylor, N.J., & Freeman, M. (2010). International research evidence on relocation: Past, present and future. Family Law Quarterly, 44 (3), 317–339.Google Scholar
Taylor, N. J., Gollop, M., & Henaghan, R. M. (2010a). Relocation following parental separation: The welfare and best interests of children, Dunedin: University of Otago, New Zealand.Google Scholar
Taylor, N. J., Gollop, M., & Henaghan, R. M. (2010b). Relocation following parental separation in New Zealand: Complexity and diversity. International Family Law, March, 97–105.Google Scholar
The Washington Declaration on International Family Relocation. (2010). International Family Law, 2, 211.Google Scholar
Thorpe, L. J. (2010). Relocation – The search for common principles. Journal of Family Law and Practice, 36.Google Scholar