Jane J. v. Superior Court

I

Introduction

We issue a peremptory writ in the first instance because respondent court erroneously issued a modification order changing custody to the noncustodial parent, thereby requiring the minor children to move in the middle of the school year from their California home to the noncustodial parent’s home in Alabama. Respondent 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 an out-of-state move away would detrimentally affect their interests in continuity and stability.

II

Statement of Facts and Procedural History

Petitioner Jane J. (Mother) and real party in interest Christopher J. (Father) are the parents of two boys, an older son, bom in the fall of 2002, and a younger boy, bom in January 2006.

The couple separated in 2006 and divorced in October 2009. At the time of the divorce, Mother lived in Wisconsin with the two children. Father was an active duty pilot in the military, stationed in Hawaii.

Mother and Father agreed to a marital settlement, which was approved by a Wisconsin family court…