Marriage of Warren CA2/6

Filed 10/16/13 Marriage of Warren CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

In re Marriage of KARIN and JASON 2d Civil No. B244870 WARREN. (Super. Ct. No. D325275) (Ventura County)

KARIN WARREN,

Appellant,

v.

JASON WARREN,

Respondent.

Parents have joint physical custody of their minor children. Mother filed an order to show cause in which she requested that she be allowed to move with the children from Ventura to Orange County. The trial court denied mother's request for a move-away order and ordered a change in custody arrangements upon mother's move. Mother appeals. We affirm.

FACTS Karin and Jason Warren were married in December 2000 and separated in November 2007.1 They have two minor children of the marriage: Riley, born October 2001, and Kalli, born September 2005. The parties entered into a stipulated judgment of dissolution in August 2008. The judgment provided for joint legal and physical custody of the children. Jason had the children three nights a week and Karin had them three nights a week. The parties had the children on alternate weekends. The judgment also provided that "[n]either party shall change the residence of the minor child[ren] from the [C]ounty of Ventura or Los Angeles County without the written consent of the other party or without a prior court order." In June 2012, Karin filed an order to show cause in which she sought to move with the children to Orange County. Jason sought a change in child custody: Karin have the children every Monday and Tuesday; Jason have the children every Wednesday and Thursday; and the parties alternate Friday through Sunday. Karin claimed she needed to relocate with the children because the only teaching job she could find is in Orange County. She said Jason originally approved the relocation, but changed his mind when she made an adverse comment about his girlfriend. She claimed to be the primary custodial parent. Jason declared Karin's request was not made in good faith. The move was not for employment, but so that she could be with her boyfriend. Jason claimed the move would not be in the best interest of the children because: It would reduce his time with them; it would disrupt their education, especially for Riley who has special educational needs; it would disrupt the stability of the children's lives, all of whom have lived in Ventura County where all their friends and activities are. Jason denied Karin was the