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Relocation Presentation

On 17 September 2015, two of our lawyers, Nadine Udorovic, Senior Associate, and Claire Walczak, Associate, presented at the University of Melbourne to psychologists and lawyers on relocation cases. The presentation covered the issue of relocation of children in parenting cases in both domestic (interstate and intrastate) and international relocation cases with reference to specific cases.

The presentation commenced with Nadine and Claire reviewing the applicable legislation in the Family Law Act. As there is not a separate set of legislative guidelines dealing with relocation matters, the sections of Part VII of the Family Law Act dealing with parenting matters generally were discussed in the context of relocation cases.

There was some also some discussion about the two courts with jurisdiction to hear relocation matters, namely the Federal Circuit Court and the Family Court of Australia, and the fact that the specialist relocation list in the Federal Circuit Court has, as of 1 July 2015, ceased operation due to limited judicial resources.

The presentation looked at case law including first instance outcomes and the various applicable High Court judgments in relation to issues such as a parents’ freedom of movement and interpretation of “meaningful relationship”.

Finally, the presentation looked at the impact of family reports prepared by psychologists in relocation cases and the common themes that have emerged from these reports.

Nadine and Claire have had extremely positive feedback about the presentation from all those who attended.

Nadine and Claire

 

By Nicholes Family Lawyers

 

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