306 P.3d 585
Okla. Civ. App.2013Background
- Mother Hart seeks to relocate with her child to Delaware due to her husband’s Air Force transfer.
- Father objects; district court initially denies relocation, citing lack of good faith by Mother.
- A 2010 paternity order awarded Mother sole custody; Father has visitation rights; history of visitation disputes.
- Mother gave notice Jan 28, 2011; hearings in Mar 2011; motions for new trial follow; April 25, 2011 order denied relocation.
- The Relocation Statute governs burden shifting and best-interests factors; court remanded for best-interests determination after finding good faith.
- This Court reverses in part, vacates in part, and remands for a best-interests hearing under 48 O.S. 112.3 and 112.24.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether good faith burden was met | Hart argues relocation was in good faith for family reasons | Bertsch contends relocation lacks good faith due to motive | Mother satisfied good faith burden; burden shifts to Father |
| Whether remand for best interests is required | Best interests must be evaluated under §112.3(J) | Court should finalize relocation based on existing record | Remand for determination of child’s best interests |
Key Cases Cited
- Kaiser v. Kaiser, 23 P.3d 278 (2001 OK 30) (presumptive relocation right for custodial parent; best interests guidance)
- Mahmoodjanloo v. Makhmoodjanloo, 160 P.3d 951 (2007 OK 32) (Relocation Statute burden and factors; good faith standard modified)
- Harrison v. Morgan, 191 P.3d 617 (2008 OK CIV APP 68) (court refused to interpret §112.3 as repeal of §112.2A)
- Horizons, Inc. v. Keo Leasing Co., 681 P.2d 757 (1984 OK 24) (motion for new trial standards; focus on substance over form)
- Plumlee v. Plumlee, 271 P.3d 807 (2012 OK CIV APP 10) (post-Relocation Statute authority on relocation and good faith)