Don’s Family Law Blog

 I’ve earlier referred to empirical observations of the role of social networking web sites and relocation of families in family law.  The web sites are enabling introductions and the desire to move.  There is now plenty of anecdotal evidence to suggest that this phenomenon extends well beyond younger marrieds to older couples.

Facebook, in particular, is creating a stir even for those in their 40’s, 50’s and 60’s.  In recent weeks I have been made aware of 3 spouses in their 50’s and 60’s developing relationships with women in the United States as a consequence of, or leading to, marital discord.

It surely was on a year or two ago that these sites were only used by young singles.

Professor Patrick Parkinson in his paper “Relocation Disputes Project” records that internet dating was the cause of ‘some’ of the 40 relocation cases studied by him.

The internet does not respect boundaries leading to the formation of long distance relationships and the consequent desire to move (with the children).

I suspect the massive LNG projects in Western Australia and Queensland will provide further impetus for relocations as these projects draw away from major cities tens of thousands of skilled workers.

 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.