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 language | English |
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Title of host publication | Australian Feminist Judgments |
Subtitle of host publication | Righting and Rewriting Law |
Editors | Heather Douglas, Francesca Bartlett, Trish Luker, Rosemary Hunter |
Place of Publication | Oxford |
Publisher | Hart Publishing |
Pages | 361-364 |
Number of pages | 4 |
Edition | 1 |
ISBN (Print) | 9781782255406 |
Publication status | Published - 2014 |
Externally published | Yes |