Legal Opinion

Paillier v. Pence

California Court of Appeal

Decided October 31, 2006No. E038464PublishedCited by 10 opinions

1Opinion of the Court

Opinion

RICHLI, Acting P. J .

As if “move-away” cases were not tough enough, here we are faced with an international move-away case.

In the prototypical move-away case, Mom and Dad get divorced; Mom gets physical custody of Junior, and Dad gets visitation. Mom then decides to move far, far away, talcing Junior with her. At that point, if Mom is to keep custody, Dad cannot, as a practical matter, have visitation, and vice versa. The courts of this state resolve the dispute by determining whether, once Mom moves, it would be in the best interests of Junior for Mom to keep custody while Dad loses…

2Cases cited6 opinions

  1. Rose v. State of CaliforniaCalifornia Supreme Court · 1942
  2. In Re Marriage of BurgessCalifornia Supreme Court · 1996
  3. Conservatorship of WendlandCalifornia Supreme Court · 2001
  4. DIAL 800 v. FesbinderCalifornia Court of Appeal · 2004
  5. In Re Marriage of LaMusgaCalifornia Supreme Court · 2004

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Sareen v. SareenCalifornia Court of Appeal · 2007
  2. Brewer v. CarterCalifornia Court of Appeal · 2013
  3. Ocegueda v. PerreiraCalifornia Court of Appeal · 2015
  4. Fernandez-Abin v. SanchezCalifornia Court of Appeal · 2011
  5. Jacob A. v. C.H.California Court of Appeal · 2011

5 more not listed; retrieve them via the Exa API.

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