International Relocation Disputes and the Risk of Cultural Bias in Family Law Matters

Abstract

Abstract This paper discusses how judges and forensic experts can reach culturally biased decisions in family relocation matters, potentially compromising the best interests of children involved. The risk of reports and judgments being biased is particularly pronounced when cultural factors are focused upon selectively, while other relevant factors are overlooked. To mitigate this potential for cultural bias, several strategies are proposed. These include encouraging self-awareness in forensic experts and judges of their potential for bias, implementing a system of peer review in which decisions are reviewed by colleagues, providing a mandatory checklist of factors to be considered, and requiring transparency and accountability in forensic reports and relocation judgements.