Ciesluk v. Ciesluk case brief summary
113 P.3d 135 (2005)
Appellant mother sought review of
judgment of the Colorado Court of Appeals that affirmed the trial
court's order denying her motion to modify parenting time pursuant
to Colo. Rev. Stat. § 14-10-129 (2004). The mother had
filed the modification motion requesting that she be allowed to
relocate to Arizona with her son in order to take a new job. The
trial court found it was not in her son's best interests to
CASE FACTS The mother claimed the 1999 amendment
of § 14-10-129 did not affect the presumption in favor of
the majority time parent in relocation cases, and that the trial
court erred in requiring her to show that the modification of
parenting time would "enhance" her son.
The court held that § 14-10-129, as amended, eliminated the
three-part Francis test used to determine whether a proposed move was
in the best interests of the child, including the presumption in
favor of the majority time parent seeking relocation.
parents equally shared the burden of demonstrating what was in the
child's best interests.
The court held that the trial court abused
its discretion under § 14-10-129(2)(c) where it
prematurely concluded that it would be in the child's best interests
to remain in close proximity to both parents.
The court held that
requiring the mother to show that the move would enhance her son's
quality of life was a remnant of the Francis test that the
legislature did not adopt in amending § 14-10-129, and created
a presumption in the father's favor contrary to the legislative
intent of § 14-10-129(2)(c).
Also the trial court failed to
impose an equal burden on the father.
CONCLUSION The court reversed the court of appeals
judgment and remanded the case with instructions to return the case
to the trial court for further consistent proceedings.
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