Professor Patrick Parkinson has reported the outcome of an ongoing study of 80 separated parents involved in relocation of children interstate or overseas. He has reported:
1. In 65% of cases the applicant was allowed to leave.
2. 72% of cases where children were permitted to move were decided by consent of the parents.
3. Where a judicial determination was necessary, 58% of the cases permitted a departure.
These outcomes contradict the popular sentiment that the “shared” parenting laws are preventing relocation. However, Professor Parkinson noted that successful relocation applications were more likely out of Melbourne and Perth than in Sydney. This is reported to be due to different legal interpretations by judges in cities. It also might reflect a different settlement culture.
For more information, please contact Don Leembruggen or visit Barry & Nilsson Lawyers.
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