Marriage of Brown and Yana

37 Cal. 4th 947, 127 P.3d 28, 38 Cal. Rptr. 3d 610 (2006)

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Marriage of Brown and Yana

California Supreme Court
37 Cal. 4th 947, 127 P.3d 28, 38 Cal. Rptr. 3d 610 (2006)

Facts

Nicole Brown (defendant) and Anthony Yana (plaintiff) divorced in 1994, and the court granted sole legal and physical custody of their son, Cameron, to Brown. Brown remarried, and in 2003 she told Yana that she and Cameron were moving to Las Vegas because of a job opportunity for her husband. Yana sought an order to prohibit Brown from moving Cameron to Nevada but admitted that Cameron was doing well in Brown’s sole custody. Yana did not provide evidence of any detriment to Cameron should Cameron move, but Yana offered to provide evidence that moving was not in Cameron’s best interests because Las Vegas schools had a high student-to-teacher ratio and a high dropout rate and the population was transient. The trial court denied Yana’s request for relief. Yana appealed.

Rule of Law

Issue

Holding and Reasoning (Baxter, J.)

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