U v U [2002] HCA 36: Judgment and commentary

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Abstract

The case of U v U, decided by the High Court of Australia in 2002, is the leading Australian case concerning international relocation in family law. It involved a mother who, on the breakdown of her marriage in Australia, sought to permanently relocate to her home in India with her daughter. The father, born in India but an Australian citizen, opposed the application and it was refused. The mother appealed to the Full Court of the Family Court, arguing that the court had not correctly weighted up the two proposals put to the court by the parties, and had erred in placing too great a focus on the issue of the father's contact with the child. The Full Court dismissed the appeal. The mother appealed further to the High Court of Australia and again her appeal was dismissed by a majority of 5:2 with Gaudron and Kirby JJ dissenting.
Original languageEnglish
Title of host publicationAustralian Feminist Judgments
Subtitle of host publicationRighting and Rewriting Law
EditorsHeather Douglas, Francesca Bartlett, Trish Luker, Rosemary Hunter
Place of PublicationOxford
PublisherHart Publishing
Pages361-364
Number of pages4
Edition1
ISBN (Print)9781782255406
Publication statusPublished - 2014
Externally publishedYes

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  • Cite this

    Crowe, J., & Field, R. M. (2014). U v U [2002] HCA 36: Judgment and commentary. In H. Douglas, F. Bartlett, T. Luker, & R. Hunter (Eds.), Australian Feminist Judgments: Righting and Rewriting Law (1 ed., pp. 361-364). Oxford: Hart Publishing.