Jane J. v. Superior Court (2015) 237 Cal.App.4th 894
Holding
A noncustodial parent does not have a presumptive right to move children to another region of the country, even if acting in good faith and for a legitimate reason. A noncustodial parent seeking to change an existing custody order in connection with a move-away bears the initial burden of making a substantial showing of changed circumstances affecting the children. The trial 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 the move would detrimentally affect their interests in continuity and stability.
Move-away analysis factors
In evaluating a noncustodial parent’s move-away request, courts should consider: the children’s ages (and, if age-appropriate, the children’s wishes); community ties; health and educational needs; the attachment and past, present, and potential future relationship of the children with each parent; the anticipated impact of the move upon the children’s existing social, educational, and familial relationships; and each parent’s willingness to facilitate frequent, meaningful, and continuing contact with the other parent.
Relevance to this matter
Direct authority against any future Jennifer-driven or Charley-driven move-away that would alter the existing 50/50 schedule. The “no presumptive right to relocate” rule and the “noncustodial parent bears the initial burden” allocation are both useful here. The factor list includes the child’s wishes (age-appropriate), pairing with FC §3042 - Child Preference for the procedural framework around how Ella’s preferences are received.
Although the Phase 3 plan described Jane J. as a “preference procedures” case, the published opinion is more accurately characterized as a move-away / changed-circumstances case in which child preference is one factor among several. Either characterization is defensible; the move-away framing is the one that maps to the published holding.