In re Marriage of NICOLE
Filed 2/2/06






IN THE SUPREME COURT OF CALIFORNIA






In re Marriage of NICOLE F. BROWN )

and ANTHONY YANA. )

)

NICOLE F. BROWN, )

)

Respondent, )

) S131030

v. )

) Ct.App. 2/6 B170252

ANTHONY YANA, )

) San Luis Obispo County

Appellant. ) Super. Ct. No. DR 21998

__________________________________ )

In this case, a parent who had been awarded sole legal and sole physical custody of a child after a contested custody dispute sought to relocate with her child to Nevada. The noncustodial parent opposed the relocation and sought, among other things, to have the matter addressed in an evidentiary hearing, i.e., a contested hearing with live testimony. The trial court denied the noncustodial parent's applications to restrain the relocation and to modify custody without holding an evidentiary hearing. The Court of Appeal reversed, holding that â€