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The Burgess decision and the Wallerstein brief
1Columbia University College of Physicians and Surgeons, New York City, USA.
The Journal of the American Academy of Psychiatry and the Law
|October 24, 1998
Summary
Child custody relocation laws are relaxing, potentially harming non-relocating parents and children. The Burgess decision may cause significant grief due to eased parental relocation restrictions.
Area of Science:
- Family Law
- Child Custody Law
- Legal Precedents
Background:
- Divorce settlement contracts often include relocation stipulations for parents with primary child custody.
- Traditionally, custodial parents faced restrictions on moving, such as geographic boundaries or mileage limits.
Purpose of the Study:
- To analyze the trend of increasing judicial permissiveness regarding parental relocation post-divorce.
- To critically evaluate the precedent set by the Supreme Court of California in In Re the Marriage of Burgess (1996).
Main Methods:
- Analysis of legal precedents in child custody relocation cases.
- Review of the implications of the Burgess decision on family law.
Main Results:
- Courts are progressively relaxing stringent requirements for custodial parent relocation.
- The Burgess decision (1996) has set a precedent for further relaxation of relocation restrictions.
Conclusions:
- The precedent set by the Burgess decision is considered ill-conceived by the author.
- This legal shift may lead to substantial emotional distress for non-relocating parents and children.
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