DOIAbstract
When a divorced parent who has custody of a minor child wishes to move to another country or province, that parent, the non-custodian parent and the child may express disparate desires concerning relocation. The difficulty arises as to whether the rights of the child, the mobility rights of the intending mover, or the parenting rights of the opposing party should take preference. Relocation disputes are amongst “the knottiest and most disturbing problems” facing family courts (Tropea vs Tropea, 1996). There is usually little middle ground in relocation disputes (Stahl, 2006). Legal judgments, increasingly required in relocation matters, are often perceived by losing parties as “exquisitely unfair” (Carmody, 2007)
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