Marriage of Conner CA4/1

I.

BACKGROUND

Ryan and Layken married in 2009 and have one child, who was born in 2015. A stipulated judgment dissolving the marriage was entered in 2016. Ryan and Layken stipulated to joint legal and joint physical custody of the child and alternated physical custody each week. In the autumn of 2020, Ryan relocated with his new wife and children to Delaware to care for his mother, who had been diagnosed with serious illnesses and could no longer care for herself. Ryan filed a request for order that the child move to Delaware and live with him. Ryan and Layken participated in a Family Court Services (FCS) conference, and the FCS counselor prepared a report recommending they share joint legal custody and that the child reside primarily with Layken. Before the hearing on the request for the move-away order, Ryan filed a motion in limine to exclude the FCS counselor’s report as hearsay and Layken filed opposition. Layken also filed a responsive declaration to Ryan’s request for order stating she did not consent to the move-away. The hearing on the move-away request began in March 2021. The family court denied as untimely Ryan’s motion to exclude the FCS counselor’s report. On three…