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The Condon Conundrum: New Legal Hurdles and Practical Considerations in International Move-Away Cases

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Introduction

Since the California Supreme Court decided Marriage of Burgess, family law practitioners have witnessed the development of modern case law regarding move-away disputes in custody cases. While Burgess and its progeny provide guidance on the domestic move-away, now there is guidance on the international move-away, the next challenging step in custody litigation -- Marriage of Condon and Cooper. In Condon, the California Court of Appeal created three new criteria that must be considered before a trial court may permit a parent to move out of the United States with a minor child. The trial court must consider and address the unique problems posed by an international move: distance, culture and jurisdiction.

When the California appellate court issued its opinion in Marriage of Condon and Cooper, the authors of this article were in the midst of a trial that involved our client's request to move to Switzerland with the parties' minor children, ages two and four. Our client was born and raised in Switzerland and only came to the United States to become an au pair. Shortly after she arrived in the United States, she met her husband-to-be. The court-appointed custody evaluators testified that it was in the children's best interests for Mother to be the primary custodial parent and that Mother should be permitted to move to Switzerland with the two children. Nevertheless, the trial court would not rule on Mother's request to move with the children until we presented evidence and proposed solutions to address each of the Condon elements, and until we persuaded the court that the move was in the children's best interests.

In this article, we present practical considerations and solutions to address the additional burdens presented by Marriage of Condon and Cooper in an international move-away custody case.

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