This article argues that the best method for courts to adopt during relocation custody disputes is a binuclear, family-centered process. A binuclear family is defined as a large, interconnected family, with one household headed by the ex-wife and the other by the ex-husband, with the child being a member of both. The author contends that the current methods, which include the endangerment standard and the "new family" theory, are both inadequate to deal with a relocation custody dispute. Specifically, the author discusses a proposed three-step process for dealing with a relocation custody dispute. Step one involves the creation of a parenting plan, step two requires mediation and, as a last resort, step three would involve a de novo hearing by the court. This three-step process, following a binuclear family-centered approach, would make relocation disputes seem fair to all parties, and would avoid many of the current problems associated with the other methods of resolution.
Northern Illinois University Law Review
Oliphant, Robert E.
"Relocation Custody Disputes - A Binuclear Family-Centered Three-Stage Solution,"
Northern Illinois University Law Review: Vol. 25:
3, Article 6.
Robert E. Oliphant, Relocation Custody Disputes-A Binuclear Family-Centered Three-Stage Solution, 25 N. Ill. U. L. Rev. 363 (2005).