Mom Can Move to Germany With Child When Dad Waits Too Long To Go To Court
Tennessee custody case summary on parent relocation in divorce.
Katja Ute (Franz) Buchanan v. Steven James Larry Buchanan – Tennessee parent relocation granted
The mother in this Tennessee parental relocation case was a German citizen who married the father while he was stationed in Germany in the army. After they moved to the United States, they had one child prior to their divorce. About five years after the divorce, the mother notified the father that she intended to move to Germany with the child, and the father notified her by letter that he objected. He subsequently went to court and filed a petition in opposition, but the petition was filed after the 30-day time period under the parental relocation statute had expired. The mother asked the trial court to dismiss the petition because it was untimely, but this motion was denied. The trial court went on to find that her reason for moving was vindictive, and disallowed the move. She then appealed to the Tennessee Court of Appeals.
The appeals court began its analysis by consulting the text of the statute, which requires that the petition in opposition be filed within thirty days. The trial court had held that the time limit was “an unreasonable burden on a pro se petitioner,” and held that the time limit should not be enforced.
The court noted that the issue had come up in a previous case, and consulted that decision as well. It went on to hold that the language of the statute is “clear and mandatory,” and that there were no facts in the record that supported the lower court’s conclusion that it was an unreasonable burden or unfair. Since the opposition to the move was not filed in time, there was nothing more for the court to consider. It reversed the lower court’s order, and sent it back for the formulation of a new parenting plan in which the mother would be allowed to move to Germany.
No. M2014-01247-COA-R3-CV (Tenn. Ct. App. July 30, 2015).
See original opinion for exact language. Legal citations omitted.
To learn more, see Tennessee Parent Relocation Statute Law.
