In Re Marriage of McGinnis

In family law parlance, this is a “move away” case. Paul McGinnis (father) appeals from the August 27, 1991 order changing custody and allowing Kathleen McGinnis (mother) to take their three children from Santa Barbara and move to Arcadia where mother’s new husband obtained employment. We reverse, allow father the opportunity to obtain a psychological evaluation, and remand for a new hearing consistent with the rules we announce herein.

Father and mother were married in January 1983 and separated in 1988. They are the parents of three children: Justin, bom June 9, 1983; Heather, bom November 20, 1985; and Joshua, bom March 28, 1987. Prior to the order here challenged, the children continuously resided in Santa Barbara.

On September 19, 1990, father and mother entered into a stipulated judgment of dissolution providing for joint legal custody of the children. Mother concedes that while the judgment is silent as to physical custody, it, in essence, provides for joint physical custody. The judgment specified that father was awarded visitation from 4:30 p.m. every Thursday until 4:30 p.m. on every Sunday. It is undisputed that this shared parenting arrangement was working.…