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Parties Divorced – Post Decree/Contempt of Court Victory

At trial Mother requested to relocate the children from SE valley to Tucson, which the Court denied as Mother failed to prove it was in the children’s best interest, despite two earlier requests the Court had denied. Court awarded joint legal custody with weekly and weekend access to our client, Father. In early August, without notice to Father nor permission from the Court, Mother relocated to Oro Valley and enrolled the older child in school in Tucson. Father, upon finding out of Mother’s relocation, immediately filed Contempt Petition and requested emergency custody, that Mother be ordered to immediately reenroll the child in his prior school, attorneys’ fees and sanctions. Following three half day hearings, the Court, among other things, ordered Mother to return the children to SE valley at the end of the 2009/2010 school year and awarded Father attorneys’ fees to be determined by submittal of an affidavit.

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