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A CRITICAL EVALUATION OF THE OBJECTIONS TO CALIFORNIA CHILD RELOCATION LAW IN THE LIGHT OF BURGESS AND ITS PROGENY

A PATHFINDER SUBMITTED FOR LL.M PROGRAM AT ST. THOMAS UNIVERSITY SCHOOL OF LAW BY AKINDELE DAVID AKINTIMOYE

 TABLE OF CONTENT:                                                             

  1. PURPOSE                                                                                      

  2. STATUTE AND CASE LAW                                                          

  3. CALIFORNIA REFORMULATES THE BURGESS RULE        

  4. CRITICISM OF BROWN VS. YANA                                            

  5. SOCIAL SCIENCE AND CALIFORNIA CHILD RELOCATION LAW.

  6. CONCLUSION                                                                                 

  7. REFERENCES                                                                                  

 

Purpose:

The purpose of this work is to provide a guide on how to find the law on California child relocation issues after divorce or separation of parents and to state them accurately. In the process of doing that, I discovered that many objections have been written on the current case law by California family law attorneys and forensic child psychologists and child custody evaluators. I shall evaluate the pertinent objections that have been made and comment on the necessity, if any, of changing the law.

 

Every state in the United States has its own separate child custody law. To find the California law applicable to child relocation, I first looked up a practice guide on family law in California. There are so many of them written by judges, lawyers and professors to provide guidance to attorneys and other professionals who are involved in family law matters such as child custody and visitation litigation. One of such practice guides is a textbook called California Family Law, Practice Guide by Rutter Group. I then looked up its table of content and index to research the topic. Please note that this treatise can be accessed at www.lexisnexis.com in an electronic format.

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