In Re Marriage of Rosson

I. Introduction

In this case we hold that where the parent providing the primary residence for children decides, for legitimate job-related reasons, to move from the community in which the children have lived for a significant period of time and in which the other parent resides, this can be found to constitute a persuasive showing of changed circumstances affecting the children justifying modification of a custody order. The court can properly make this determination in advance of the move actually occurring. We also hold that a child of sufficient age and capacity to reason so as to form an intelligent preference as to custody has a right to have that preference seriously considered by the court. Finally, pursuant to Civil Code section 4607, we hold there is a privilege to refuse to disclose confidential information the court mediator receives during mediation; however, the privilege belongs to the court, not the parties, and by the adoption of written local rules permitting the mediator to make recommendations to the court as to custody or visitation of children, the court may choose to waive the privilege.

Elise W. Rosson appeals from an order modifying the…