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More Older Couples Are ‘Shacking Up’

In many ways, the life that Karen Kanter and Stan Tobin share in Philadelphia sounds entirely typical. Both 75, they happily see movies and plays together, visit children and grandchildren, try new restaurants (but avoid sushi).

Mr. Tobin, an accountant who maintains a small tax practice, makes time for a monthly men’s group. A retired middle-school teacher, Ms. Kanter hustles between book and art appreciation groups while volunteering and writing a historical novel.

He supported her through a successful breast cancer treatment years ago. She has been prodding him about putting on pounds, so he has returned to Weight Watchers.

Careful about financial and legal arrangements, they co-own their condo near the Museum of Art and a cottage in upstate New York. She has his power of attorney and health care proxy, and vice versa.

“We love each other and want to be together, and we’ve made the commitment to stay together until death parts us,” Ms. Kanter said.

But although they have been a couple since 2002 and have shared a home since 2004, they are not married. And among older adults, they have a lot of company.

The number of people over 50 who cohabit with an unmarried partner jumped 75 percent from 2007 to 2016, the Pew Research Center reported last month — the highest increase in any age group.

“It was a striking finding,” said Renee Stepler, a Pew research analyst. “We often think of cohabiters as being young.”

Most still are. But the number of cohabiters over age 50 rose to 4 million from 2.3 million over the decade, Ms. Stepler found, and the number over age 65 doubled to about 900,000.

Demographers are paying attention. At the Population Association of America’s annual meeting in Chicago last month, featuring a session on “repartnering” in later life, the panelist Jonathan Vespa of the Census Bureau pointedly offered a presentation entitled, “A Gray Revolution in Living Arrangements.”

The trend partly reflects the sheer size of the baby boom cohort, as well as its rising divorce rate.

So-called gray divorce has roughly doubled among those 50-plus since the 1990s. Divorce leaves two people available for repartnering, of course; losing a spouseleaves one, and these days it tends to strike at older ages.

But attitudes have shifted, too. “People who’ve divorced have a more expansive view of what relationships are like,” said Deborah Carr, the Rutgers University sociologist who served as chairwoman of the Population Association panel.

“The whole idea of marriage as the ideal starts to fade, and personal happiness becomes more important.”

Of course, the boomers pretty much invented widespread premarital cohabitation while in their 20s and 30s — or like to think they did.

“It used to be called shacking up, and it was not approved of,” said Kelly Raley, a sociologist at the University of Texas, Austin, and former editor of The Journal of Marriage and Family. Families and religious groups often condemned living together outside marriage.

But Americans are far more accepting now, she said, and the people turning 60 “are very different from the people who were 60 twenty years ago.”

Karen Kanter, for instance, had divorced twice after long marriages — 38 years, in total — when she met Mr. Tobin on Match.com. “Getting divorced gives you so much to untangle,” she said.

“Our life is good together, so why disturb it? I just don’t see the importance of that piece of paper.”

Mr. Tobin, also divorced after a long marriage, wouldn’t mind marrying his partner — he actually proposed on bended knee once, though he knew Ms. Kanter would say no — but he is also fine with cohabiting.

“The relationship is looser,” he said. “We don’t make demands on each other’s time. She has her life, I have my life, and we have our life together.”

For older people, the advantages and drawbacks can stack up differently than at earlier ages, when such relationships tend to be more unstable. Demographers see most youthful cohabitation as a prelude to marriage or simply a short-term arrangement.

In later life, however, cohabitation — like remarriage — brings companionship and wider social circles, not to mention sexual intimacy, at ages when people might otherwise face isolation. Financially, pooling resources in a single household often improves elders’ economic stability, especially for women, who are at higher risk for poverty.

It also offers certain economic protections. Older adults have more debt than previous generations, Dr. Carr pointed out, including mortgages and children’s college loans. “You become responsible for your legal spouse’s debt, but not for your cohabiting partner’s debt,” she said.

Marrying or remarrying can also affect government and pension benefits.

Consider Jane Carney and Norm Stoner, who live in Oklahoma City and were both widowed. For years, even after he moved into her house in 2004, they debated whether to make their union legal.

“The list of pros was very short, and the list of cons was very long,” said Ms. Carney, 69. Among the latter: Each was receiving Social Security survivors benefits, checks that would have stopped had they remarried. Nor will one partner’s assets prevent the other from qualifying for Medicaid.

Other factors become harder to quantify. Couples monitor one another’s health, so cohabiters fare better, physically and mentally, than those who live alone, Dr. Carr said.

But relationships with adult children sometimes suffer. Matthew Wright, a doctoral candidate in sociology at Bowling Green State University, reported at the Population Association meeting that cohabiters had less frequent contact with their children, and less positive relationships, than continuously married or widowed parents.

Cohabiters didn’t differ from remarried or divorced parents, however, suggesting that marital dissolution itself, rather than the legal status of parents’ new partnerships, creates those tensions.

What about caregiving, then? Spouses explicitly vow to care for one another; in fact, reluctance to assume that burden can dissuade older women, especially widows, from marrying.

How a wellness coach changes your mind

The spring season reminds us of Mother Nature’s drive to thrive. However, most humans are not thriving.

Research on well-being concludes that about 20% of adults have a strong sense of purpose and are fully satisfied with their lives; less than 10% strongly believe their lives are ideal. Instead most people are stressed out and burned out. All of this stress harms biological function and increases susceptibility to chronic diseases. 
To make matters worse, most people feel too depleted, mentally and physically, to create a healthy way of life that would make them feel better. Less than 5% of adults engage in the health behaviors that prevent diabetes, heart disease and obesity.
People are not exercising regularly, maintaining healthy weight or enjoying plentiful fruits and veggies. Not only do people feel lousy, but they also are dealing with chronic diseases that cost them financially.
While your doctor and nurse practitioner want you to thrive, sadly they don’t have time to help. Other dedicated professionals are well-trained to zoom in on one area such as fitness, nutrition or weight. However, they don’t always zoom out first to understand and navigate the complex web of your life complicating your pursuit of good health goals.
Albert Einstein once observed: “We cannot solve our problems with the same level of thinking that created them.” We can’t improve health when we are in a stressed-out state. Instead, cultivating a thriving mind is necessary to attain a healthy body. Combining a whole-life focus with scientifically validated techniques to change your mind is the work of well-trained, certified health and wellness coaches. Their work is now backed by more than 200 scientific studies.
Here are some tactics we health coaches use to get you thriving:

Imagine a life of thriving

A first coaching step is envisioning yourself engaged in a life of thriving. A personal vision is like setting a compass. It sets the direction and purpose for your mind-changing adventure. Perhaps you imagine a day where you are calm and energized, enjoying instead of dreading the overflow of work projects — attending beautifully and creatively to one task at a time.
You are feeling grateful for what is good and what you have, rather than being stuck in a chronic state of criticism or self-doubt. You make time most days for physical activity that feels good, and you are cooking and savoring delicious and healthy meals with your family most evenings.

Stretch your mind

Poet and physician Oliver Wendell Holmes Sr. said in the 1800s that a “mind, once stretched by a new idea, never regains its original dimensions.” The heart of a good coaching session is the mind-stretching part. It’s a creative process whereby your coach helps you experience an insight, an “aha moment.” It could be a shift in perspective or discovery of a blind spot. Over time these small shifts add up to a whole new mindset, and you outgrow your old one.
Harvard neurologist Alvaro Pascual-Leone explains that the brain can grow new pathways — about 1 millimeter a day. Over time those pathways enable new habits that make a big difference. Exercise calms you down. Good food energizes your brain so you can focus without distraction and you see more good than bad in yourself and others.
While your mind stretches, so do your capacities. Your new neural pathways allow you to become more creative. You find strengths and resources that were underemployed. You leverage positive feelings to balance your stress and, voilà, you get more done, more quickly, with more enjoyment.

Learn to coach yourself

Best of all, what you learn from a wellness coach is how to coach yourself. You learn how to become a personal visionary. You bring the vision down to earth with small daily experiments that lead you to discover your personal formula — the most effective mix of habits. You learn how to change your own mind, 1 millimeter at a time.
Now is the right time to engage a wellness coach to help boost you from merely surviving to thriving. The cost is similar to a personal fitness trainer or dietitian, many of whom also offer wellness coaching. Ask if your employer offers health and wellness coaching services.
As Hillel, an ancient Jewish sage, once noted, “If not now, when?” Go for now.
By Margaret Moore
http://edition.cnn.com/2017/05/03/health/sw-wellness-coach/
If you are needing legal advice following a separation please feel free to speak with one of our trained professional lawyers for a free initial consultation by making an appointment by either calling 92215815 or emailing info@bloxhamlegal.com.au

New study links emotional feeding in young children to emotional eating later in life

A new study suggests there may be a link between the common parenting practice known as emotional feeding, or using food as a means of comforting or rewarding children, and the development later in life of emotional eating, or the habit of eating to comfort or reward oneself.

A team of researchers based in Norway examined the eating habits of a group of 4-year-olds in Norway and followed up every two years until the subjects turned 10.

The scientists found that among the 801 children they examined, there was a “reciprocal relation between parental emotional feeding and child emotional eating,” the study abstract reads.

Dr. Jennifer Ashton, ABC News’ chief women’s health correspondent, discussed the warning for parents live on “Good Morning America” today, saying that with any parenting technique, you want to lead by example.

“There are some good habits that we can establish in childhood, like … eating as a family,” which she said has been shown to reduce the risk of obesity. She also recommended that parents “avoid using food as punishment or a reward, and you want to talk about your emotions.”

Emotional feeding and emotional eating are not necessarily linked to hunger.

The association between emotional feeding in young children and emotional eating in school-age children was only weakly positive but remains statistically significant.

The study said that association may have important implications later, since analysis also revealed a connection between emotional eating and children’s body mass index, a measure of whether a person’s weight is appropriate for his or her height.

http://abcnews.go.com/Health/study-links-emotional-feeding-young-children-emotional-eating/story?id=47019917

By Catherine Thorbecke

6 Tips to Reduce Your Daily Stress and Anxiety

There are two major reasons that for several decades more Americans become stressed, agitated and anxious — which in turn increases their daily physical stress, which itself in turn has led to the ongoing decades-long epidemic in stress-related disorders and diseases.

The first reason is societal. As inequality rises, so do our fears about affording basic necessities — or if we’re relatively well off, about losing social standing and financial security for ourselves or our children.

The second reason is more personal. Many more of us suffer from stress dysregulation than we did 40 years ago. Mainly through excess cortisol — a key stress hormone — this dysregulation makes the typical stress response too easy to trigger and too hard to turn off. This leaves us feeling highly agitated (even with no reason) and without effective ways to self-regulate and get back to a calmer, more functional state.

In recent years, though, we have gained a much better understanding of this stress epidemic (which, it should be noted, is significantly different from clinical anxiety disorders or related diagnoses that merit consultation with a physician). We can use the knowledge learned to help protect ourselves from many of its consequences. Here’s how.

Build Social Connections

Strong social networks — especially if they include some close confidants — help us regain our emotional balance and rein in our anxiety. The psychological benefits are well known, and social networks become even more important when ambient stress increases sharply. But also, biologically, they release the “good feeling” hormones serotonin and oxytocin, both of which counter cortisol. Social engagement itself also promotes the functioning of the prefrontal cortex, the part of the brain we use for regulating our emotions and making thoughtful decisions.

Become Mindful

We can also protect ourselves from the stress epidemic by exercising conscious mindfulness that allows us to focus on what is happening in the present moment, rather than indulging in past anger or remorse, or fear of the future. Practicing mindfulness on a regular basis improves the brain functions that enhance our ability to avoid excessive stress responses. This doesn’t change the underlying stress physiology, but it allows us to interrupt the stress cycle by consciously controlling our reactions. This is not the same, though, as ignoring what is happening by burying our heads in the sand. Taking some time away from the relentless flow of societal stressors — now consistently present due to 24/7 exposure to social media and online news — can help. But disappearing from the scene altogether generates additional stress; people then lack information and become concerned about what they should be doing.

Retake Control

A perceived lack of control is among the most debilitating factors in terms of stress biology — in the extreme, learned helplessness leaves us shattered. We can look for opportunities to expand our sense of control, both at work and in daily life, through asserting ourselves and through seeking beneficial partnerships. There are limits, though: Perceiving that we have control where the reality is the opposite is short-lived. But even planning to exercise more control and taking initial steps to enact a plan can have beneficial effects.

Stay Physically Active

Physical activity directly reduces excess cortisol — also known as the “fight or flight” hormone, since its job is to make more energy available in stressful situations — by using that energy. This works to dispel cortisol that may be lingering from problems at work or at home. It also provides a host of direct benefits to many stress-related difficulties — obesity, diabetes, metabolic disorders — but also in increased brain functioning that supports self-regulation.

Avoid the Alcohol and “Comfort Food” Traps

Certain choices we make may reduce stress temporarily, but then have long-term negative effects on health and well-being. “Comfort foods” with high calories and fat do counteract cortisol, but at the risk of increasing the chances of heart diseases and other disorders. In the same way, substances like alcohol and other drugs can briefly alleviate the feelings of being over-stressed and agitated, but at a risk of becoming a “go-to” solution that can cause serious problems down the road.

Forget “Magic Bullets”

Being aware of the major stressors that are propelling the existing stress epidemic is a first step, but we all understand that no one thing solves everything here. Making use of our social connections, practicing conscious mindfulness, taking back control where we can and staying physically active are evidence-based pathways for dealing with stress. There are no shortcuts, but persistent efforts will pay off.

By Daniel Keating

http://time.com/4748658/stress-anxiety-tips-cortisol/

If you need assistance following a separation please feel free to contact this office on 92215815 or info@bloxhamlegal.com.au for a free complimentary consultation.

Staggering number of adolescents afflicted by anxiety, depression

Many adults don’t realize the number of adolescents across the country struggling with anxiety and depression.

The anonymity of an online confessional page appeals to teens for several reasons, but ultimately it all comes down to the value placed on “social stock” or how a teen believes they are perceived by their peers. Living in a world where perception matters means teens tend to feel “always on.”

To a teenager, publicly owning a struggle with stress, anxiety, or depression reveals vulnerability and the potential that peers will see them as less than adequate. Even being seen meeting with a school psychologist may feel too risky.

Anonymously posting may be the only way a teenager feels they can safely get their issues off their chest. But online peer groups do not have the qualifications and in some cases, peer advice can backfire.

Negativity online can be practically contagious. In its most extreme form, we see this occur as adolescent suicide clusters.

The bottom line is parents need to monitor their teens’ online activity. Often this may be the only place teenagers actually reveal the struggles they face.

Students also need to be reassured that it’s safe to anonymously report suicidal individuals to school officials.

By Jerry Weichman

http://www.nydailynews.com/new-york/education/staggering-number-adolescents-afflicted-anxiety-depression-article-1.3033362

If you have concerns about your child following a separation please feel free to contact this  office on 92215815 or info@bloxhamlegal.com.au for a complimentary initial meeting.

Study suggests a short nap can make you happier

Can napping make you happier? New research out of Britain shows power napping can do exactly that. But limit those daytime siestas to a half-hour or less.

After that, the positive effects cease. “Previous research has shown that naps of under 30 minutes make you more focused, productive, and creative, and these new findings suggest the tantalizing possibility that you can also become happier by just taking a short nap,” says psychologist Richard Wiseman of the University of Hertfordshire, per Medical Xpress.

An online survey of more than 1,000 people scored their happiness level in relation to how much time they snoozed during the day. Participants were divided into three groups: those who don’t nap, short nappers of 30 minutes or less, and long nappers of 30 minutes or more.

Two-thirds of short nappers (66 percent) reported feeling happy, compared with 60 percent of non-nappers, and 56 percent of long nappers. On the happiness scale, short nappers scored 3.67 (out of 5), versus 3.53 for non-nappers, and 3.44 for long nappers.There was a noticeable age difference, with younger people (aged 18 to 30) who tend to sleep less at night making up for it with longer daytime naps, compared with 30 percent of people over 50.

“A large body of research shows that short naps boosts performance,” Wiseman says, adding that companies like Google have installed employee nap spaces. But be warned, the benefits of “nappiness” disappear the longer you linger on the couch.

Wiseman says “longer napping is associated with several health risks,” and frequent hour-long naps have been linked with an 82 percent rise in heart disease, notes the Huffington Post.

By  Linda Hervieux

http://www.foxnews.com/health/2017/04/03/study-suggests-short-nap-can-make-happier.html

Not able to overcome relationship problems feel free to contact Bloxham Legal on 92215815 or info@bloxhamlegal.com.au

Want to help your kid ace the big tests? Make ’em laugh

MIAMI — When it comes to test day, your kids know what they know. The hard part is getting over the anxiety.

With all of the pressure to get into honors classes and top colleges for today’s students — not to mention a slew of state exams — this can be a stressful time of year for families. A bad SAT score or bombing an advanced placement test can feel like the end of the world.

No matter how old your child is, students and experts weigh in on the best strategies to make sure he or she does well and gets through the next few months without too much worry.

Positive psychology

If your child is anxious before taking a test, help him or her visualize success, said psychologist Karen Cassiday, the board president of the Anxiety and Depression Association of America. Ask your child to think about a past situation in which they’ve been successful or overcome difficult circumstances and prompt your child to focus on the things they are grateful for.

“What this does is it helps set a mindset that life is going well, there are good things out there, I can succeed,” Cassiday said.

Maria Malvar, a teacher and trainer at the Miami-Dade school district’s Parent Academy, which supports parental involvement in school, has similar recommendations. “Be positive and just give the atta-boy talk. ‘You do your homework, you’re going to be okay, everything has been taught,’” she said.

Stick with routine

Any big changes in a child’s routine around testing time could make them more anxious, Cassiday said. “If you really want to help your kids act like this is a regular, normal thing, keep a regular, normal schedule. Don’t make this high-stakes testing the event of the year,” she said.

Of course, making sure your child exercises, eats healthy food and gets a good night’s sleep will also help them succeed, Cassiday said.

Parents should also make sure their child gets to school early on test day, said Malvar. Arriving late can add to the stress and result in the child having to take the exam at a later date.

Don’t study so much

For elementary and middle school students, Cassiday does not recommend any extra studying for standardized tests. “I wouldn’t encourage someone to prepare until they actually have something to prepare for like national merit tests or pre-SATs,” she said.

Older students prepping for exams should aim to study for 45-minute chunks with five to 10 minute breaks in between, Cassiday said. “One of the things we know is that most people, no matter how bright they are, can’t concentrate beyond 45 minutes,” she said.

Benjamin Burstein, a senior at Miami Beach Senior High School, said his strategy for advanced placement tests — which enable students to get college credit for advanced classes — is to start early and go through two review books for each test. Burstein takes extensive notes while he reads the first review book and then goes through the second one more quickly.

“The most important tip is just start early,” Burstein said. “If you’re going to start preparing a week before, there are going to be issues. And then just do a lot of practice questions. It’s a good way to make sure you don’t get really stressed at the end.”

Giovanna Garcia, a senior at John A. Ferguson Senior High School, said she relies on online flash cards to prep for tests and creates a study calendar for herself, designating specific days for specific topics. “I would say the best way to feel less stressed is to know you’re prepared and to have confidence in what you know so make sure you set yourself up for that,” she said.

Laugh

Instead of cramming right before the test, make your child laugh. Watch a funny movie together the night before or listen to funny stories on the way to school in the morning. That gives your child’s brain a shot of the neurotransmitter dopamine, Cassiday said, which can improve test performance.

“If you’re looking for how can you set a brain and mind to perform better, those things would be much better rather than doing extra studying,” she said.

Don’t sweat a low score

What if your child bombs the test?

“The first thing I would suggest parents do is check their own anxiety,” Cassiday said. “Parents in particular can get very worried about wanting their child to do well, wanting them to have opportunities for getting into college or getting into special programs for high school. They need to remember this is their child’s life, not theirs, and one of the most important things a human being can learn is how to recover from a mistake or not getting the things they want.”

Still worried?

If your child is still anxious about taking tests after trying these strategies, that could be a sign of more serious anxiety issues. A child who continually asks his or her parents if they will do well on the test, or who can’t seem to enjoy their hobbies because of exam worries could have test anxiety, Cassiday said.

“When someone is choosing to study over having fun, something is going wrong in a pre-teen or a child or a teenager,” she said. Another sign, particularly for younger children, is having a meltdown or tantrum right before or after taking a test. In this case, parents might want to consider talking to a psychologist or a school counselor. There are also resources available on the Anxiety and Depression Association of America website.

In general, though, students and experts say the most important thing for getting through testing season is taking a deep breath and putting everything in perspective. “Your life doesn’t depend on whatever score you get on the test and when you think about it that way it’s less daunting,” Garcia said.

By Kyra Gurney

http://www.seattletimes.com/life/want-to-help-your-kid-ace-the-big-tests-make-em-laugh/

If you need advise on child related matters following a separation please feel free to contact this office on 92215815 or info@bloxhamlegal.com.au

Want a Mood Boost? Make Yourself Cry to Sad Music

Sometimes, a good, cathartic cry happens all on its own, and sometimes you need a little help — you know it would feel so good to just ugly-sob for a bit, wipe the snot your face, and move on with your life, but the tears just aren’t quite coming. So you do whatever you need to do in order to get there: You conjure up some bad memories, or you watch a few gut-wrenching minutes of a movie scene, or you put on a playlist that tugs at your heartstrings in just the right way.

And then you let it all out, and it feels great. It’s something you might already be able to speak to from personal experience, but new research backs it up: A studyrecently published in the journal Scientific Reports found that crying to sad songs really does produce a measurable sense of pleasure in the listener.

In the first part of the study, participants filled out a short survey about four different reactions to music: “While listening to music, how frequently do you (1) get goose bumps, (2) feel shivers down your spine, (3) feel like weeping, and (4) get a lump in your throat?” Based on the responses, the researchers divided the volunteers into two groups, a tears group and a chills group, and had each person listen to six songs chosen to evoke an emotional response, including three that the subjects had picked themselves.

As they listened, the participants pressed a button whenever they felt the target reaction (chills for the chills group, tears for the tears group) and moved a mouse around on a screen to signal the amount of pleasure they were feeling; after each song, they rated how intensely they had felt their response and the emotional tone of whatever they had just listened to. Throughout the session, the researchers also monitored the volunteers’ heart rates and watched for other physical signs of arousal.

While chills and tears overlapped in some areas — both reactions caused deep breathing and pleasure in listeners — the songs that caused them were described differently: “A song that induced chills was perceived as being both happy and sad,” the authors wrote, “whereas a song that induced tears was perceived as sad,” as well as calmer. “These results show that tears involve pleasure from sadness and that they are psychophysiologically calming.” Think of it as a pick-me-up and a stress reliever in one simple step: Just find a private place and press play.

By 

http://nymag.com/scienceofus/2017/04/want-a-mood-boost-make-yourself-cry-to-sad-music.html

If you are experiencing sadness as a result of your relationship and need to consult with us please feel free to contact Bloxham Legal on 92215815 or at info@bloxhamlegal.com.au.

Can I Have Exclusive Occupation of the Former Matrimonial Home?

The issue

Suddenly you’re separated.  You may have assumed that your former partner would leave the former matrimonial home (“FMH”) but he is refusing to do so or insisting that you move out.  If the FMH is held in your former partner’s name, you may even be accused of trespassing by remaining there.

What redress is available from the Court?

A Court may be willing to make interim orders that:

  • you have exclusive use and occupation of the FMH;
  • your former partner is restrained from entering, approaching or doing any act which interferes with your use and occupation of the FMH;
  • your former partner leave the property in good condition and order.
Power under the Family Law Act 1975 (Cth) (“FLA”)

Section 114 of the FLA gives the Court power to “make such order or grant such injunctions as it considers proper” including an injunction restraining a party to the marriage from entering or remaining in the matrimonial home  and an injunction relating to the use or occupancy of the matrimonial home.

What must I prove in order to obtain an order for exclusive use and occupation?

There is no fixed list of criteria that must be established. Each case is determined on its facts. However, case law has set down that matters to be considered include:

  • the means and needs of the parties;
  • the needs of the children;
  • hardship to either party or to the children;
  • where relevant, conduct of one party which may justify the other party in leaving the FMH or in asking for the expulsion from the FMH of the first party.

Although hardship may be involved for the party required to vacate and the party seeking the order for sole use and occupation of the FMH may have financial capacity to rent alternative accommodation, a Court may still be willing to make an order pending a final property settlement. This may be particularly so where:

  • children are in fear for their safety and the safety of the party seeking the order if they continue to live with the party who is being required to vacate the FMH;
  • the party seeking the order must arrange for the children’s accommodation;
  • the party seeking the order has been conducting a business from the FMH; and
  • it is largely the conduct of the party being required to vacate the FMH that has caused the other party and the children to vacate that home.

In Saveree & Elenton [2014] FamCA 38, the Court in making an interim order that included requiring the Husband to vacate the FMH was concerned for the children’s need for stability and particularly for a child embarking upon Year 12 of her education.

By Lezah Gildea-Marega

http://myfamilylaw.net.au/can-i-have-exclusive-occupation-of-the-former-matrimonial-home/

If you need family law advice please feel free to contact Bloxham Legal for a free initial consultation on either 9221 5815 or info@bloxhamlegal.com.au

Relocation – How Far Can I Go?

Last week I spoke at a Legalwise Conference in Sydney on the subject “Relocation – How Far Can I Go?” which was very successful.  Yesterday I appeared at the request of a solicitor, at a duty list, in a relocation case, due to the complexities of the case. The mother (my client) had unilaterally relocated, six months ago, from a large regional city to another state capital with her young child, over 1,000 kms away. The father sought orders that the mother return with the child. The Judge ordered an 11F conference, which was carried out on the day.  What was the outcome? What can we learn about relocation i.e. issues that arise, children’s views, mothers (usually the parent who relocates) views/adjustments, when relocation is not permitted.   What are relocation cases? The following is a snap shot of the answers to these pertinent questions!

Relocation Case

Relocation is one of the most difficult and complex issues in parenting cases in family Law. They are  a special category of parenting disputes, as they give rise to uncompromising conflicts between two competing ideas about how post separation family life should operate.

When a nonresident parent decides to move away from the children, there may be some loss for them as a consequence of the difficulties of maintaining contact with that parent. However, in such a scenario, no relocation dispute arises, because a non- residence parent cannot be compelled to maintain residence at a particular location

Distance?

Many people think of relocation as moving to another regional town, another city or overseas. What about intracity, within a large city, like Sydney, where the distance and travel time may be comparable to a regional town relocation? For  e.g. Palm Beach to Cronulla (approx 1 1/2 hours drive) etc, in my view, the same issues arise as in other ‘relocation’ cases.

Childrens Views

How positively children  view relocation, when proposed, and then how well they adjusted to the move, has been documented by longitudinal studies (Parkinson and Cashmere) and found three major themes:

  1. how close they were to their father (the non-resident parent),
  2. their feelings about leaving and making new friends, and
  3. the presence of a liked or disliked step-parent
Mothers Views

When mothers (the applicant) were not permitted to move, the underlying reasons for their ability to adjust or not to the adverse decision, were found by Parkinson and Cashmore to suggest:

  1. The degree of control they were able to exercise over their own future.
  2. Their recognition that the children benefited from a close relation- ship with their father.
  3. The father’s degree of involvement with, and responsibility for, the children.
  4. The level of toxicity in the father-mother relationship
Advise Clients

Its always difficult to advise clients, because of the variance in decisions concerning relocation. However, here a a few tips (not complete) to assist:

  • Provide realistic advice about the relocating parties proposal for the child/ren to spend time with the non-residence parent, if the relocation is permitted as well as the respective viability and costs.
  • Provide the Court with an alternative set or orders in the event the relocation is not permitted [Blanding & Blanding [2016] FamCAFC 21]
  • Dig deep with your proposed relocating client as to the relationship between the children and their father (how much involvement has he had in their lives, child support, disinterest etc)?
  • Has there been any family violence, abuse or what is the level of acrimony?
  • What is the reason for the proposed relocation (Court says don’t need compelling reasons, practically – reasons needs to be clearly put before the Court)
  • Do the young ages of the child/ren dictate that they need regular time with the non residence parent or are they older and can deal with longer breaks with more block time with the non residence parent?
  • Will there be a significant diminution in relationship between the child/ren and the non residence if the relocation is permitted? [major issue that arises; will the child/ren be able to have a meaningful relationship with both parents s 60CC Family Law Act 1975 (Cth)

Relocation cases are particularly difficult, hard fought, and controversial and have a higher degree of complexity than ‘usual’ parenting matters, and are difficult, if not impossible to settle.

Yesterday, the Judge allowed the mother to remain, 1,000 kms away, on an interim basis (even though there was little to no objective evidence before the Court) In my view, that decision is very unlikely to be disturbed on a final basis.   The proceedings were transferred to the mother’s location (respondent) in another state capital. All of this was accomplished at a duty list!

by 

http://myfamilylaw.net.au/relocation-how-far-can-i-go/

If you need expert advice on relocation matters please feel free to contact this office for a free initial consultation on 92215815 or info@bloxhamlegal.com.au