By: WISCONSIN LAW JOURNAL STAFF//November 5, 2013//
Wisconsin Court of Appeals
Civil
Family — intrastate moves
A court cannot restrict a parent from moving only up to 45 miles from the marital home.
“We conclude Groh is still good law, subject to the expanded authority granted over intrastate moves of 150 or more miles. Indeed, Cordova does not contend otherwise. Accordingly, the circuit court here had no authority to prospectively order that Derleth not move beyond forty-five miles from the marital home in Rhinelander. As in Groh, here the court determined it had the authority to do so in the best interests of the children. ‘The question of whether the application of the “best interests of the child” test permits an otherwise unauthorized order was flatly rejected by the supreme court in Groh[.]’ Jocius v. Jocius, 218 Wis. 2d 103, 117-18, 580 N.W.2d 708 (Ct. App. 1998). By its enactment of WIS. STAT. § 767.481, the legislature has made a judgment that moves of less than 150 miles are not subject to the best interests of the children standard.”
Affirmed in part, and Reversed in part.
Recommended for publication in the official reports.
2012AP2018 & 2012AP2802 Derleth v. Cordova
Dist. III, Oneida County, Richards, Bloom, JJ., Hoover, J.
Attorneys: For Appellant: McEldowney, Todd R., Rhinelander; Ferguson, Amy, Rhinelander; For Respondent: Hogan, John J., Rhinelander