Relocation Decisions After Constested Custody Decisions Don't Require Evidentiary Hearings

The California Supreme Court looked at a case where a parent with sole legal and physical custody of a child wanted to relocate to Nevada. The noncustodial parent tried to prevent the move by modifying the custody order.

The court held that under the changed circumstances rule, "custody modification is appropriate only if the parent seeking modification demonstrates 'a significant change of circumstances' indicating that a different custody arrangement would be in the child's best interest." The noncustodial parent must prove that the "proposed relocation of the child's residence will cause detriment to the child, requiring a reevaluation of the existing custody order."

Once the noncustodial parent makes the initial showing of detriment to the child, the court will consider a variety of factors to decide whether to modify custody in light of the proposed move.

In addition, the court held that an evidentiary hearing in a move-away case should be held only if necessary. "Where, as here, one parent has been awarded sole legal and sole physical custody of a child, and the noncustodial parent opposes the custodial parent's decision to relocate with the child, a trial court may deny the noncustodial parent's requests to modify custody based on the relocation without holding an evidentiary hearing to take oral evidence if the noncustodial parent's allegation or showing of detriment to the child is insubstantial in light of all the circumstances presented in the case, or is legally insufficient to warrant relief." Here is the court's opinion.