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Record W2262629863

Relocation, Indeterminacy, and Burden of Proof: Lessons from Canada

2011· article· en· W2262629863 on OpenAlexaffabout
Susan Boyd

Bibliographic record

VenueSSRN Electronic Journal · 2011
Typearticle
Languageen
FieldSocial Sciences
TopicConflict of Laws and Jurisdiction
Canadian institutionsUniversity of British Columbia
Fundersnot available
KeywordsRelocationNormativeDiscretionIndeterminacy (philosophy)Context (archaeology)Best interestsSupreme courtLawPolitical scienceLaw and economicsSociologyHistory
DOInot available

Abstract

fetched live from OpenAlex

This article traces the history of relocation law in Canada and assesses the merits of law reform proposals on relocation in one Canadian province, British Columbia. These law reforms would introduce burdens of proof for relocation applications, marking a departure from the Canadian trend. Based on the key Supreme Court of Canada decision on relocation, Gordon v Goertz (1996), this trend has been to reject presumptions of any kind in custody decision-making. Relocation decisions have thus been left to the discretion of individual judges, using the indeterminate best interests of the child test. Burdens of proof have, however, been at play at earlier points in Canadian law. In addition, studies indicate that the rejection of presumptions in favour of a general best interests test has had mixed results at best. The article uses these studies to raise questions about calls in recent scholarly literature for a ‘neutral child-centric’ approach and considers the impact of a normative climate favouring shared parenting and maximum contact on interpretations of children’s best interests in the relocation context. The author recommends that greater attention be paid to the realities of a child’s life, including the care relationships surrounding the child.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.491
Threshold uncertainty score0.999

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.019
GPT teacher head0.268
Teacher spread0.249 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations5
Published2011
Admission routes2
Has abstractyes

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