Wednesday, February 11, 2004

Nellis v Renwick

This is extremely relevant case law for relocation cases. I am reprinting the summary verbatim from Brief Reporter:

Nellis v. Renwick
Richard M. Bryan
Defendant-Appellant's Reply Brief
California Supreme Court
BrfRep-C0001035
April, 1996

In a child custody move away case, a child's mother is not entitled to take the child with her when she moves to pursue another career when the move would prevent frequent contact with the child's father. The court must determine whether the value of the woman's right to pursue a career is greater than the child's right to frequent and continuous contact with its father considering the age of the child and the distance of the move. A parent with custody of a child may move away if she proves the need for the move is compelling, essential, and outweighs the detriment to the other parent's relationship with the child.


You can download the entire case (for a price) on Brief Reporter, or you could look for the entire case elsewhere. A good place to start would be lexisone.

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