The Court of Appeal issued a peremptory writ in the first instance after the court issued a modification order changing custody to the noncustodial parent, thereby requiring the minor children to move in the middle of the school year from their California home to the noncustodial parent’s home in Alabama. The appellate court said the family law court “abused its discretion by failing to consider the relevant factors, including the children’s existing educational, physical, emotional and familial relationships with the custodial parent, and whether an out-of-state move-away would detrimentally affect their interests in continuity and stability.” (Jane J. v. Sup. Ct. (Christopher J.) (Cal. App. Fourth, Div. 3; June 16, 2015) 237 Cal.App.4th 894, [188 Cal.Rptr.3d 432].)Order Changing Custody Of Children Reversed.
The Court of Appeal issued a peremptory writ in the first instance after the court issued a modification order changing custody to the noncustodial parent, thereby requiring the minor children to move in the middle of the school year from their California home to the noncustodial parent’s home in Alabama. The appellate court said the family law court “abused its discretion by failing to consider the relevant factors, including the children’s existing educational, physical, emotional and familial relationships with the custodial parent, and whether an out-of-state move-away would detrimentally affect their interests in continuity and stability.” (Jane J. v. Sup. Ct. (Christopher J.) (Cal. App. Fourth, Div. 3; June 16, 2015) 237 Cal.App.4th 894, [188 Cal.Rptr.3d 432].)