Critical Issues in Relocation Cases: A Custody Evaluator's Response to Parkinson and Cashmore (2015) and Thompson (2015)

• Published date: 01 October 2016
• Date: 01 October 2016
• DOI: http://doi.org/10.1111/fcre.12248

CRITICAL ISSUES IN RELOCATION CASES: A CUSTODY

EVALUATOR’S RESPONSE TO PARKINSON AND CASHMORE (2015)

AND THOMPSON (2015)

Philip M. Stahl

Parkinson and Cashmor e (2015) and Thompson (2015) have written comp rehensive articles outlining suggested reforms to

the family law system in relocation cases. This brief article, from a child custody evaluator’s perspective as opposed to

researchers’ and legal scholars’ perspectives, highlights areas of agreement, in hope of leading to increased consensus, as

well as areas of disagreement, furthering the discussion and debate of critical issues in relocation matters. Rather than an

either/or approach to relocation presumptions, this article will identify a both/and perspective on presumptions for these cases. It

will also focus on suggestions for evaluators in an ef‌fort to help guide ways that evaluations can be most helpful to the court.

Key Points for the Family Court Community:

Relocation cases are all unique and should be decided based on the best interests of the child.

Presumptions in relocation cases can lead to unintended consequences.

Critical factors unique to each case, as well as each jurisdiction, help guide decision makers in determining whether or

not to allow the relocation of a child.

Relocation cases need to be processed and decided in a timely manner, and appeals should be few.

When well-trained child custody evaluators are present in a community, and the family has suf‌f‌icient resources, a thor-

ough and well-done child custody evaluation can assist the family and court in decision making.

Ultimately, relocation cases are not well suited to bright-line rules.

Keywords: Child Custody Evaluations; Children; Custody; Family Law Policy and Decision Making; Mobility; Move

Away; Parenting Arrangements; Presumptions; and Relocation.

INTRODUCTION

In a mobile society, a parent may have to choose between a career, a new relationship, moving to

be near the comfort of family and friends or the need to care for aging family members, and the par-

enting of his/her child. When one parent needs (or wants) to move with the children and the other

parent wants the children to stay, children become caught in a battle over parenting time, custody,

and access. In my work teaching judges, attorneys, mediators, and child custody evaluators, I often

ask my audiences what types of situations are the most dif‌f‌icult and challenging. Without a doubt,

the most common response is relocation cases. Judges in particular f‌ind these cases troubling, as

there are often limited solutions and challenges to the best interests of children. Perhaps the most

troubling aspect of relocation cases is the potential impact on children and families.

In their thoughtful and thought-provoking articles, Parkinson and Cashmore (2015) and Thomp-

son (2015) outlined many important considerations associated with these cases and of‌fered sugges-

tions for legal reform of relocation cases. Largely focusing on specif‌ic geographic considerations,

Parkinson and Cashmore identif‌ied research and legal considerations with Australian and New Zea-

land families and laws, though they incorporated some U.S. statutory and case law in their consider-

ations. In a similar vein, Thompson focused signif‌icantly on case law in Canada and identif‌ied

suggestions for relocation law reform based on those cases.

Their suggestions will not be described in detail in this article; rather this article will identify areas

of agreement with them, challenge some of their recommendations, and of‌fer suggestions for ways

that courts can best utilize child custody evaluation services in these cases.

Correspondence: philipstahlphd@gmail.com

FAMILY COURT REVIEW, Vol. 54 No. 4, October 2016 632–641

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C2016 Association of Family and Conciliation Courts