Starting Over- The Heuristics of Family Relocation Decision Makin
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Starting Over- The Heuristics of Family Relocation Decision Makin
St. John's Law ReviewVolume77_____„___________ Article4Number 2 Volume 77, Spring 2003, Number 2An cieStarting Over: The Heuristics of Family Relocati Starting Over- The Heuristics of Family Relocation Decision Makinion Decision MakingLucy s. McGoughFollow this and additional works at: https://scholarship.law.stjohns.edu/lawreviewThis Article is brought to you for free and open access by the Journals at st. John’s Lav/ Scholarship Repository. It has been accepted for inclusion in st. John's Law Review by an aut Starting Over- The Heuristics of Family Relocation Decision Makinhorized editor of st. Johns Law Scholarship Repository. For more information, please contact selbyc@stjohns edu.STARTING OVER: THE HEURISTICS OF FAMILStarting Over- The Heuristics of Family Relocation Decision Makin
Y RELOCATION DECISION MAKINGLucy s. McGoughtIntroductionThe father was the primary caretaker for the first three years of their daughter’s life. Then St. John's Law ReviewVolume77_____„___________ Article4Number 2 Volume 77, Spring 2003, Number 2An cieStarting Over: The Heuristics of Family Relocati Starting Over- The Heuristics of Family Relocation Decision Makin. Two years later, the mother fell in love with and became engaged to another man and disclosed that she planned to move with the child to a distant state, where her new husband lived and worked. The father protested the move and sought a restraining order.The court-appointed expert testified that t Starting Over- The Heuristics of Family Relocation Decision Makinhe move would bring some emotional harm to the child, who would not be able to see the father as much as she would like to do but noted that the sameStarting Over- The Heuristics of Family Relocation Decision Makin
would be true if she were not permitted to move witht Vinson & Elkins Professor of Law, Paul M. Hebert Law Center, Louisiana State University; B.A., 1St. John's Law ReviewVolume77_____„___________ Article4Number 2 Volume 77, Spring 2003, Number 2An cieStarting Over: The Heuristics of Family Relocati Starting Over- The Heuristics of Family Relocation Decision Makining. This part primarily is concerned with the American experience. Part 11 will focus on the treatment of trans-frontier relocation among other countries of the world but principally the countries of the European Union.Iremain indebted to the Kellogg Foundation for support of my fellowship project, Starting Over- The Heuristics of Family Relocation Decision Makin which involved interdisciplinary research illuminating the substance of and process for resolving child custody disputes. More recently, I received rStarting Over- The Heuristics of Family Relocation Decision Makin
esearch support from my law school and Chancellor John J. Costonis for this particular undertaking. 1 thank my law colleagues Catherine Rogers and BilSt. John's Law ReviewVolume77_____„___________ Article4Number 2 Volume 77, Spring 2003, Number 2An cieStarting Over: The Heuristics of Family Relocati Starting Over- The Heuristics of Family Relocation Decision Makinge Jacobsen, my library colleagues. As always, I am grateful for the opportunity to be taught by my students and for their willingness to share their research and insights for family law reform, especially Karmel Mister ‘00 and Jocelyn Stewart Doehling *03. Finally, I owe special thanks to my collea Starting Over- The Heuristics of Family Relocation Decision Makingue and companion Jim Bowers.291292ST. JOHN'S LA w REVIEW(Vol.77:291her mother. The expert concluded that the mother had carefully prepared a proposalStarting Over- The Heuristics of Family Relocation Decision Makin
to adjust for longer periods of access for the father and that, on balance, was a damage limitation exercise that called for both parents to minimizeSt. John's Law ReviewVolume77_____„___________ Article4Number 2 Volume 77, Spring 2003, Number 2An cieStarting Over: The Heuristics of Family Relocati Starting Over- The Heuristics of Family Relocation Decision Makinil, Sweden, Illinois, or in any other state of the United States. Relocation continues to be the subject of commentary and law reform around the globe2 as lawmakers are confronted by an increasingly mobile generation of divorced parents who seek new opportunities in reconstituted families.Currently, Starting Over- The Heuristics of Family Relocation Decision Makin one-half of all American marriages end in divorce,3 and most of those marriages produce children. One million children each year experience the divorStarting Over- The Heuristics of Family Relocation Decision Makin
ce of their parents, and perhaps as many as 750,000 children will relocate with their custodial caretaker to a community some distance from their otheSt. John's Law ReviewVolume77_____„___________ Article4Number 2 Volume 77, Spring 2003, Number 2An cieStarting Over: The Heuristics of Family Relocati Starting Over- The Heuristics of Family Relocation Decision Makine. In fact, the most common family-related reason given for relocation by those surveyed was a change in marital status.5 Of those relocating, one-half move more than one time.6 Child custody relocation cases display all of the thorny, seemingly indeterminate, characteristics of all other custody di Starting Over- The Heuristics of Family Relocation Decision Makinsputes and yet carry a special sting: one1The trial court permitted the relocation and the appellate court affirmed. See generally Re H, 1998 Fam. 390Starting Over- The Heuristics of Family Relocation Decision Makin
(1998) (reviewing and affirming the trial judge's judgment that allowed the custodial parent to move from England to America with her child). Lord ThSt. John's Law ReviewVolume77_____„___________ Article4Number 2 Volume 77, Spring 2003, Number 2An cieStarting Over: The Heuristics of Family Relocati Starting Over- The Heuristics of Family Relocation Decision Makinartha Bailey & Michelle Gừoux, Relocation of Custodial Parents: Final Report, http://www.swc-cfg.gc.ca/pubs/0662634455/199803 _0662634455_ e.html; High-Conflict Custody Cases: Reforming the System for Children— Conference Report and Action Plan, 34 FAM. L.Q. 589 (2001) (product of the ABA Family Law Starting Over- The Heuristics of Family Relocation Decision Makin Section and the Johnson Foundation, Sept. 8-10, 2000).3E. Mavis Hetherington et al.. What Matters? What Does Not?: Five Perspectives on the AssociatiStarting Over- The Heuristics of Family Relocation Decision Makin
on Between Marital Transitions and Children’s Adjustment, 53 AM. Psychol. 167,167 (1998).4Anne L. Spitzer, Moving and Storage of Post-divorce ChildrenSt. John's Law ReviewVolume77_____„___________ Article4Number 2 Volume 77, Spring 2003, Number 2An cieStarting Over: The Heuristics of Family Relocati Starting Over- The Heuristics of Family Relocation Decision Makin Survey, U.S. Census Bureau, May 2001, http://www.census.gov/ population /www/ soc demo /migrate.html.6Spitzer, supra note 4, at 3.20031 FAMILY RELOCATION DECISION MAKING 293 concerned, loving, and responsible parent may lose his relationship with his child through no fault of his own, and the child Starting Over- The Heuristics of Family Relocation Decision Makin may also be harmed by the loss of that relationship. The custodian who wants to relocate with the child, however, usually also can present an appealiStarting Over- The Heuristics of Family Relocation Decision Makin
ng claim that the move will bring substantial benefits: more family income, enhanced educational opportunities, and proximity to extended family membeSt. John's Law ReviewVolume77_____„___________ Article4Number 2 Volume 77, Spring 2003, Number 2An cieStarting Over: The Heuristics of Family Relocati Starting Over- The Heuristics of Family Relocation Decision Makin for the family members, courts, and scholars seeking optimal guidelines for such decision making.Divorce always brings family reconstitution—often in a different locale. Relocation impasse cases have become a phenomenon engendering public concern, study, and reform proposals as well as polemics, di Starting Over- The Heuristics of Family Relocation Decision Makinatribes, and pontifications. Relocation is a burning issue in the European community, Canada, Australia, and the United States. It is an issue that haStarting Over- The Heuristics of Family Relocation Decision Makin
s occasioned conferences7, symposia, international surveys, and an agenda item for feminists8 and fathers9 around the world. It is an issue that has dSt. John's Law ReviewVolume77_____„___________ Article4Number 2 Volume 77, Spring 2003, Number 2An cieStarting Over: The Heuristics of Family Relocati Starting Over- The Heuristics of Family Relocation Decision Makinrecise, every potential decision maker is inclined to shuffle off the resolution to someone else in a wondrous modern parody of the nursery rhyme “This is the House that Jack Built.”7See, eg., Symposium, From Partners to Parents: Toward a Chila-Centered Family l-aui Jurisprudence, Jan. 10, 1999, htt Starting Over- The Heuristics of Family Relocation Decision Makinp7/www.uky.cdu/law/aals-mưchild htm.8As June Carbone so aptly observed, ‘'The battle lines in these disputes are well drawn IJ and they are gendered oStarting Over- The Heuristics of Family Relocation Decision Makin
nes.” The Missing Piece of the Custody Puzzle: Creating a New Model of Parental Partnership, 39 Santa Clara L. Rev. 1091, 1095 (1998); see, e.g., KareSt. John's Law ReviewVolume77_____„___________ Article4Number 2 Volume 77, Spring 2003, Number 2An cieStarting Over: The Heuristics of Family Relocati Starting Over- The Heuristics of Family Relocation Decision Makinghts of Fathers: Social and Biological Concepts of Parenthood, in PARENTHOOD in Modern Society 19, 31 (John Eekelaar & Peter Sarcevic eds., 1993). In the major Canadian relocation case, Gordon V. Goertz , 2 S.C.R. 27 (1996), the Women’s Legal Education and Action Fund appeared as intervenors. See Ba Starting Over- The Heuristics of Family Relocation Decision Makiniley & Giroux, supra note 2.9David Blankenhom, Chairman of the National Fatherhood Initiative and President of the Institute for American Values, hasStarting Over- The Heuristics of Family Relocation Decision Makin
written extensively in support of policies protective of the father-child relationship. See, e.g., David Blankenhom, The State of the Family and the FSt. John's Law ReviewVolume77_____„___________ Article4Number 2 Volume 77, Spring 2003, Number 2An cieStarting Over: The Heuristics of Family Relocati Starting Over- The Heuristics of Family Relocation Decision Makin1995)10See infra notes 144—46.294ST. JOHN’S LAW REVIEWlVol.77:291The absence of rules with a dollop of opportunistic behavior inclines parents to litigate and leave the custody determination to the judge. The trial court, charged with the impossible task of predicting the future behaviors and circum Starting Over- The Heuristics of Family Relocation Decision Makinstances of the mother, father, and child—rather than its familiar role of finding the salient facts of past events—wants an expert to tell it what toStarting Over- The Heuristics of Family Relocation Decision Makin
do. The expert, usually a clinician with few powers of accurate prognostication,11 wants illumination from empiricists who respond that they can onlyGọi ngay
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