Hanson v. Hanson, 2009 UT App. 365, (
Mother had moved to
On appeal, Mother argued that increasing the distance from extended family is not sufficient grounds to change custody. The Court agreed, however affirmed the trial court finding that when moving away from family is combined with substantial interference with parent-time it is sufficient grounds to change custody.
DISSENT: The remedy for noncompliance with the parent-time order is contempt, not a change of custody. The primary caretaker factor is paramount and a custody arrangement should rarely be disturbed.
Full Decision available http://www.utcourts.gov/opinions/appopin/hanson121009.pdf