In Re Marriage of Abrams

Joseph Abrams appeals from the trial court’s postjudgment custody order permitting Michelle Abrams to move their children from Elk Grove to San Ramon. For simplicity and to avoid confusion, we will refer to Joseph Abrams as “father” and to Michelle Abrams as “mother.”

Prior to the move-away order, mother had primary physical custody of the children, and father had substantial visitation. Wanting to move with the children to the San Francisco Bay Area, mother sought the trial court’s approval because the parties had previously agreed that the children’s place of residence could not be moved from Sacramento County “without the written consent of both parties or until further order of the Court.”

Applying the holding of In re Marriage of Burgess (1996) 13 Cal.4th 25 [ 51 Cal.Rptr.2d 444 , 913 P.2d 473 ] (hereafter Burgess), the court concluded that mother had shown her decision to move was made in good faith, and that father had the burden of showing the move was not in the children’s best interests. After approving the move, the court ordered father to pay attorney fees pursuant to Family Code section 271, which authorizes an award “in the nature of a sanction” when the…