Valentine v. Valentine

Ann Valentine (plaintiff) and Charles Valentine (defendant) were married in 1996 and divorced in 2003. The couple had two children. The divorce decree named Ann the sole residential parent and granted parenting time to Charles. Ann was required to make the children available for and encourage the children’s participation in telephone calls with Charles on a weekly basis. The divorce proceedings were contentious, and the two could not cooperate on anything. On October 8 and 15, 2003, Ann failed to make the children available for their one-hour call with Charles. In light of Ann’s failure, Charles requested modification orders. In response, Ann filed her own request to relocate the children from Ohio to New Jersey. The children had a set schedule in Ohio, were adjusted to their living environment, and maintained relationships with both parents. Ann testified that a move to New Jersey would be beneficial for the children and allow her to feel safer because she could be free from Charles’s “stalking” behavior. Charles testified that Ann’s move to New Jersey would effectively terminate his relationship with the children and that he believed her move was designed to interfere with his ability to see the children. The court found Ann in contempt for failing to accommodate Charles’s phone contact. Moreover, the court found a change in circumstances in that Ann’s proposed move would harm the children and not be in their best interests. Accordingly, the court ordered the children to remain in Ohio until further notice. Ann appealed.