Gathen v. Gathen
2011 La. LEXIS 1121
| La. | 2011Background
- Vanessa sought to relocate the children from Louisiana to Washington for closer family ties and better employment/childcare options.
- Robert opposed relocation; the trial court denied in 2009 after hearings.
- Vanessa had previously attempted relocation in 2006, which was denied.
- The First Circuit reversed de novo review, citing the lack of explicit factor-by-factor analysis.
- Louisiana Supreme Court held RS 9:355.12 factors need not be expressly analyzed one-by-one, and the trial court’s decision is reviewed for abuse of discretion under Curole.
- Court reinstated the trial court’s denial of relocation, affirming abuse of discretion as the proper standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether explicit factor-by-factor analysis is required | Gathen argues trial court must analyze all RS 9:355.12 factors | Gathen contends de novo review unnecessary; abuse of discretion suffices | Not required; abuse of discretion standard applies |
| Proper standard of review for relocation decisions | Relocation denial should be reviewed de novo given lack of explicit factor analysis | Curole governs; great weight, abuse of discretion standard | Abuse of discretion standard governs; de novo review not appropriate |
| Whether the trial court abused its discretion in denying relocation | Record shows substantial ties to Louisiana and father’s relationship with children weighed heavily | Court appropriately weighed factors and considered best interests | No clear abuse of discretion; denial upheld |
| Burden of proof in relocation | Relocating parent bears the heavy burden to prove good faith and best interest | Burden is appropriately on relocating parent; good faith shown | Relocating parent bears burden; good faith shown; relocation denied |
Key Cases Cited
- Curole v. Curole, 828 So.2d 1094 (La. 2002) (establishes two-part burden and abuse-of-discretion standard for relocation reviews)
- Evans v. Lungrin, 708 So.2d 731 (La. 1998) (permits deference to trial court findings when no legal error present)
- Fulco v. Fulco, 254 So.2d 603 (La. 1971) (custody decisions accord trial court great weight; abuse of discretion standard)
- Cleeton v. Cleeton, 383 So.2d 1231 (La. 1979) (discussion of abuse of discretion vs manifest error in custody)
- Bergeron v. Bergeron, 492 So.2d 1193 (La. 1986) (retains abuse of discretion standard in custody matters)