[Download] "U. V. U.: the High Court on Relocation (Australia)" by Melbourne University Law Review ~ eBook PDF Kindle ePub Free

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eBook details

• Title: U. V. U.: the High Court on Relocation (Australia)
• Author : Melbourne University Law Review
• Release Date : January 01, 2003
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 278 KB

Description

[In this ease note I comment on the High Court's recent and highly-publicised decision in U v U. In this case, a majority of the Court dismissed a mother's appeal against a decision of the Family Court which prevented her from relocating with her daughter to India, I provide some background context to relocation, identify the legal issues and discuss decisions on those issues in the High Court. I argue that the decision has left the law on relocation less clear than it has ever been. I then analyse the decision by reference to a number of themes: discretion and its alternatives; gender equality; violence; a more inquisitorial Family Court; and legal strategies. I argue that attention must now turn to legislative reform and that such reform should embody legislative principles and presumptions which defer to the judgment of a child's primary caregiver in relocation cases.] I INTRODUCTION

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