Condon v. Cooper

Opinion

JOHNSON, Acting P. J.

This case tests the very outer limits of a legal principle the California Supreme Court first announced in 1996. That principle allows a spouse with primary physical custody of a child to move away unless the other spouse can demonstrate the move would be against the best interests of the child. (In re Marriage of Burgess (1996) 13 Cal.4th 25 [51 Cal.Rptr.2d 444, 913 P.2d 473].) In Burgess, the approved move was 40 miles—from Tehachapi to Lancaster and was within the state of California. Here, respondent argues Burgess applies to justify a move-away of some 8,000…