CUSTODIAL RELOCATION AND GENDER WARFARE: THINKING ABOUT SECTION 2.17 OF THE ALI PRINCIPLES OF THE LAW OF FAMILY DISSOLUTION

Abstract

This Article analyzes the legal doctrines and public policies that govern the relocation of millions of custodial parents, using as its focus a vigorous critique of section 2.17 of the American Law Institute's (ALI) Principles of the Law of Family Dissolution: Analysis and Recommendations (Principles). Principles section 2.17 addresses the appropriate legal standard to govern the post-divorce parental battles over relocation that are "the most disputatious and litigious type of grievance in American culture." It is an appropriate focus of analysis because section 2.17 provides a combined illustration both of the dominant thinking in family law circles and of its inadequacy as public policy.