In Re Marriage of Campos

134 Cal.Rptr.2d 300 (2003) 108 Cal.App.4th 839 In re MARRIAGE OF Linda and David CAMPOS.

Linda Brown, Respondent,

v.

David Campos, Appellant.

No. B161103. Court of Appeal, Second District. Division 6.

April 16, 2003. As Modified May 15, 2003. [301] Misho, Kirker & Brown, Vanessa Kirker, Santa Barbara, for Appellant.

Laura G. Dewey, Santa Barbara, for Respondent.

YEGAN, J.

David Campos (husband) filed an order to show cause for modification of the child custody and visitation order relating to his sons, aged 15 and 12, after their mother, Linda Brown (wife), announced she would move with the children from their home town of Santa Barbara to Moorpark, two hours away. The trial court denied the order to show cause without an evidentiary hearing, finding that wife did not have a bad faith reason for the move. Husband contends on appeal that he was entitled to an evidentiary hearing on the question whether the move would be so detrimental to the children that a change in the custody arrangement was essential for their welfare. We agree. Accordingly, we reverse the trial court's order of August 23, 2002, and remand the matter for an evidentiary hearing on husband's order to show cause.

Facts and Procedural History

Husband and wife were married for 17 years 3 months, and have two minor sons, ages 15 and 12. The judgment of dissolution awarded them joint legal custody of the minor children. Wife had sole physical custody of the children, and husband was granted visitation on alternate weekends, for three hours every Monday and Wednesday evening, and for three weeks each summer. Until the summer of 2002, the parties and their children lived in Santa Barbara. In August 2002, wife announced her intention to move with the children and her second husband to Moorpark, two hours away. Husband sought to modify the custody and visitation judgment to grant him physical custody of the children, so that they could remain in Santa Barbara. He argued that the boys did not want to move because they would have to leave behind their extended family and their life-long friends and classmates. The older son was starting high school that fall, while the younger son was moving to junior high school. Both boys preferred to start their new schools with their old friends, rather than with strangers.