TN Mom Move Away w/Kids to Cayman Islands Dad Objected
Tennessee parental relocation law case summary in Tennessee divorce and family law from the Tennessee Court of Appeals. Mother allowed to relocate with children. To learn more, buy Miles Mason, Sr.’s book, Tennessee Parent Relocation Law, available on Amazon and Kindle.
Webb v. Webb – Tennessee Parental Relocation Law – Relocation Granted
Travis and Marie Webb were married in 1998. They had one daughter, who was born in 2003. They were divorced in Anderson County,Tennessee, in 2004. The mother was named the primary residential parent, and the father was given extensive co-parenting time.
Subsequently, the mother sent the father a letter stating that she wanted to relocate with the daughter to the Cayman Islands. She said that she had the assurance of a job and the ability to return to college. She also said that she would have greater family support there.
The trial court concluded that the proposed move was not unreasonable, did not pose a threat of harm to the daughter, and that it was not done for vindictive reasons. Therefore, it allowed the relocation. The father appealed this ruling to the Tennessee Court of Appeals.
The Court of Appeals affirmed. Under the Tennessee Parental Relocation Statute, if the parents do not spend substantially equal time with the child, then the parent opposing the move has the burden of proof, and must show that the reason for the move is unreasonable, that it poses a risk of harm to the child, or that it was being done for vindictive reasons.
The Court of Appeals first determined that the reason for the move was reasonable. The mother had been employed as an account representative with Spectrum, with a salary of $37,000 per year. However, she had recently lost this job due to downsizing, and was currently employed with Path Group at a lower salary, which had caused financial difficulties.
She testified that she would have greater opportunities in the Cayman Islands. She did not have a firm job offer, but did testify about an opportunity with Edgewater that paid $48,000 per year. Her grandmother was of Caymanian descent, and she was eligible to apply for status in the Cayman Islands and obtain a work permit. The cost of living was higher, but this was offset by the absence of taxes. And she had a large family in the Cayman Islands who would provide support.
Even though the mother did not have a firm job offer, the Court of Appeals considered all of the evidence and concluded that the purpose for the move was reasonable.
The Court also found that there was no risk of harm to the daughter from the move. It pointed to evidence that the schools and health care in the Cayman Islands were good, and that resources such as scholarships were available there.
Finally, there was no evidence that the reason for the move was vindictive.
For these reasons, the Court of Appeals agreed with the trial court’s decision to allow the relocation, and affirmed the trial court’s ruling.
Webb v. Webb, No. E2008-00862-COA-R3-CV (Tenn. Ct. App. 2009).
See original opinion for exact language. Legal citations omitted.
To learn more, see Tennessee Parent Relocation Statute Law | Modifying the Parenting Plan and the MemphisDivorce.com Tennessee Family Law Blog with more detailed cases sorted by relocation cases granted and denied.
Memphis divorce lawyer, Miles Mason, Sr., JD, CPA practices family law exclusively and is founder of the Miles Mason Family Law Group, PLC, which handles Tennessee family law matters including contested relocation matters.
