Relocation Decisions in Canberra and Perth: A Blurry Snapshot

Abstract

This paper discusses the results and implications of a study of 46 reloaction [*2] decisions made over an 18 month period (July 1997-December 1998) in the Canberra and Perth registries of the Family Court of Australia. This period follows the significant relocation decision of the full court of the family court in B and B (1997) but precedes the High Court decision in AMS v AIF. The project, carried out by three feminist researchers, involved both the collection of information about the outcomes in these cases and quantitative analysis to identify possible impacts on outcomes of particular variables. Those variables included socio-demographic factors, children's wishes, aspects of the relevant relationships, reasons for the move and process/application factors. A major finding was that there were differences in outcome between the Canberra and Perth registries, with decisions in Perth more likely to result in a favorable outcome for the person proposing the move. The findings of the project are critiqued using three themes: shared parenting, violence and 'happy families'.

Keywords: Family court, violence