Legal Opinion · Concurrence

In Re Heinrich

Supreme Court of New Hampshire

Decided September 17, 2010No. 2009-305Published

1ConcurrenceDalianis, J.

While I concur in the court’s opinion because of our deferential standard of review, and agree that RSA461-A:12 (Supp. 2009) governs the petition of the respondent, Mary Ellen Curotto *659(wife), to relocate with the children to Florida, I write separately to express my concern about how the trial court applied this statute to the facts of this case.

Under RSA 461-A:12, a parent seeking to relocate has the initial burden of demonstrating, by a preponderance of the evidence, that the relocation is for a legitimate purpose and is reasonable in light of that purpose. RSA 461-A:12, V. Once the parent…

2Cases cited1 opinion

  1. Tomasko v. DuBucSupreme Court of New Hampshire · 2000

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