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Ciesluk v. Ciesluk

Colorado Supreme Court
113 P.3d 135 (2005)


Facts

Mr. Ciesluk (defendant) and Mrs. Ciesluk (plaintiff) had a five-year-old son, Connor, when they divorced in 2002. The couple was awarded joint custody: Mrs. Ciesluk served as primary custodian and Mr. Ciesluk had custody on certain weekends and weeknights. In 2003, Mrs. Ciesluk was laid off from her job with Sprint after seven years with the company. She could not find alternative employment in Colorado but was offered a position with Sprint in Arizona, where her father, brother, sister-in-law, and nephew lived. Mrs. Ciesluk moved the court to modify the custodial arrangement so that she could relocate with Connor. Mr. Ciesluk opposed the move and the motion. The court appointed a special advocate to assess the best interests of Connor. The advocate determined that relocation would detrimentally impact Connor’s relationship with his father and therefore recommended that the boy remain in close proximity to both parents. After reviewing some, but not all, of the statutory factors prescribed for consideration in relocation cases, the court denied Mrs. Ciesluk’s motion. She appealed.

Rule of Law

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Issue

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Holding and Reasoning (Rice, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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