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Dr. Laura on the Burgess Decision and Move-Aways
When the disastrous Burgess decision was handed
down by the California Supreme Court in 1996, it
gave custodial parents the almost unlimited
right to move children hundreds or thousands of
miles away from their fathers.
Nationally-syndicated radio talk show host Dr.
Laura Schlesinger opposed Burgess. Below are
excerpts from her broadcast of April 17, 1996:
"The California Supreme Court decreed a major
shift in family law, ruling Monday that a
divorced parent who has child custody can move
to a new city or a new state, even if the other
parent objects. The parent with primary physical
custody, the court held need not show - NEED NOT
SHOW - that the relocation is essential for a
new job or any other reason. If the other parent
wishes to change the custody arrangement because
of the move he or she must prove that the
relocation would SEVERELY INJURE the child.
...The parent can up and move, and not
demonstrate anything. But the one being left has
to fight a losing battle. What does SEVERELY
INJURE the child mean? How could you prove that?
I mean, all of you who grew up feeling
abandoned, or cheated out of a parent who died
or walked out or your - your other parent moved
away, did you not feel you were injured? Did you
not feel that was a serious injury to lose the
other parent?...
...By refusing to place ANY burden on such
parents the Supreme Court has made it extremely
difficult for a divorced parent to fight
relocation by an ex-spouse with primary
custody. Previously, custodial parents, usually
the mother, had to go to court to obtain
permission to move....
...The courts have now said a woman can pick up
and RIP the father out of the kids lives for NO
reason, other than she feels like it, and this
is WOMEN'S RIGHTS. This is not what I was all
hepped about in the '60's for women's rights. I
don't want any rights that carry with it no
responsibilities."
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