Matter of Marriage of Smith

This is another case concerning the custodial parent’s right to move from Oregon with the children. The trial court denied the custodial parent, the mother in this case, that right. The Court of Appeals affirmed in a Per Curiam opinion consisting of the citation of Meier and Meier, 286 Or 437, 595 P2d 474 (1979). 47 Or App 109, 613 P2d 763 (1980). We granted the mother’s petition for review and affirm.

The parties were married in 1966; their daughter is now 10 and their son almost 9. The parties were separated at the beginning of 1976 and the children have been with the mother ever since until…