Relocation Decision

The Michigan Supreme Court, on June 20, 2012, in lieu of granting leave to appeal, reversed a March 2012 decision by the Court of Appeals in a case involving a mother's motion to relocate with the parties' minor child from Northern Michigan to Fayetteville, Arkansas, and reinstated the trial court's decision denying Mother's motion. What happened in this case illustrates the danger of committing to a move without having the agreement of the other parent.

Unfortunately, Mother committed to the move prior to obtaining a decision from the trial court and Father opposed the move. Mother's move was related to a lateral transfer with the company she worked for with a slight raise in salary, a signing bonus, and her claim of future possible advancement.

The mother's proposed parenting time plan actually provided Father with more parenting time days that he had under the current order. Mother's plan provided for the child to travel to Michigan for all holidays and to spend the entire summer with Father. Mother proposed to pay for all airline tickets.

The C of A opinion reversing the trial court may be read here. Download Peck v Peck The dissenting opinion can be read here.  Download Peck v Peck Dissent The Supreme Court's Order granting Mother's motion for immediate consideration and reversing the C of A for the reasons stated in the dissenting opinion may be read here.  Download Peck v Peck,SCt . The supreme court reversed and reinstated the trial court's decision for the reasons set forth in the dissent.

Comments

[Jeanne M. Hannah]

Matthew, you will need permission from the Court because your order giving you sole legal and primary physical custody will say that you may not remove them (their residence) from the State of Michigan without the approval of the court.

[Matthew C, Hickman]

Dear Jeanne M Hannah,
I have Sole legal and physical custody of my son. Do I need permission from the other parent to move out of the state of michigan?

[joe jurecki]

I used a similar case in my personal case. Powery V Wells which set forth some very simple questions that must be answered before granting any move even when under the 100 mile rule if it will have any effect on parenting time.