10 Louisiana opinions name it 2 courts 1999–2024 2 in the last five years
The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Gathen v. Gathengreen2 sentences2024Instead, as long as the appellate court determines that the trial court considered the relocation factors, then “the trial court’s relocation determination is entitled to great weight and will not be overturned absent a clear showing of abuse of discretion.” Gathen, 2010-2312, p. 13, 66 So.3d at 9 . 2017However, the jurisprudence demonstrates that the failure to consider the relocation factors does not necessarily mandate a reversal on that ground alone, _JjjjIt is well established that “the trial court is not required to expressly analyze each statutory relocation factor in its oral or written reasons for judgment in a relocation case.” Gathen v. Gathen, 2010-2312, p. 12 (La. 5/10/11), 66 So.3d 1, 9 . | 1 | 4 |
Curole v. Curolegreen2 sentences2016The district court’s determination on the relocation factors is “entitled to great weight and will not be overturned absent a clear showing of abuse of discretion.” Gathen , 2010-2312 at 13, 66 So.3d at 9 , citing Curole , 02-1891 at p. 4, 828 So.2d at 1096 . 2007Curole , 02-1891 at p. 4, 828 So.2d at 1096 ; see also Rao v. Rao, 05-1523 (La.App. 1 Cir. 11/4/05) , 927 So.2d 391 (finding jurisprudential change of custody standards inherent in the relocation factors and requirements of good faith and best interests of the children under La. | 1 | 3 |
Pourciau v. Hallgreen1 sentence2016See Trahan v. Kingrey, 2011-1900 (La.App. 1st Cir.5/4/12), 98 So.3d 347, 351 , writ denied, 2012-1586 (La.8/1/12), 92 So.3d 351 ; see also Ramirez v. Hite, 2015-1179 (La.App. 1st Cir.12/23/15) (unpublished), 2015 WL 9466920 , *4. | 1 | 1 |
Trahan v. Kingreygreen1 sentence2016See Trahan v. Kingrey, 2011-1900 (La.App. 1st Cir.5/4/12), 98 So.3d 347, 351 , writ denied, 2012-1586 (La.8/1/12), 92 So.3d 351 ; see also Ramirez v. Hite, 2015-1179 (La.App. 1st Cir.12/23/15) (unpublished), 2015 WL 9466920 , *4. | 1 | 1 |
Tyson v. THOMPSON HOME HEALTHgreen2 sentences2012However, the trial court did not reach the issue of whether the relocation clause was intended to be personal or heritable, finding that the provision was invalid as it impermissibly altered the general codal rules concerning predial servitudes. |sThe supreme court addressed the function and appellate review of exceptions of no right of action in Eagle Pipe & Supply, Inc. v. Amerada Hess Corp., 10-2267, 10-2272, 10-2275, 10-2279, 10-2289, pp. 6-7 (La.10/25/11), 79 So.3d 246, 255-56 (footnotes omitted), stating: By filing a peremptory exception of no right of action, a defendant challenges whet 2012However, the trial court did not reach the issue of whether the relocation clause was intended to be personal or heritable, finding that the provision was invalid as it impermissibly altered the general codal rules concerning predial servitudes. |sThe supreme court addressed the function and appellate review of exceptions of no right of action in Eagle Pipe & Supply, Inc. v. Amerada Hess Corp., 10-2267, 10-2272, 10-2275, 10-2279, 10-2289, pp. 6-7 (La.10/25/11), 79 So.3d 246, 255-56 (footnotes omitted), stating: By filing a peremptory exception of no right of action, a defendant challenges whet | 1 | 1 |
Rao v. Raogreen1 sentence2007Curole , 02-1891 at p. 4, 828 So.2d at 1096 ; see also Rao v. Rao, 05-1523 (La.App. 1 Cir. 11/4/05) , 927 So.2d 391 (finding jurisprudential change of custody standards inherent in the relocation factors and requirements of good faith and best interests of the children under La. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Martinez v. Lagos
neutral
2 sentences2016LAW AND ANALYSIS As this Court recently held in Martinez v. Lagos, 13-887 (La.App. 5 Cir. 05/21/14) , 142 So.3d 231, 234 , each child custody case must be viewed in light of its own particular set of , facts and circumstances with the .paramount goal of reaching a decision that is in the best interest of the children. 2016LAW AND ANALYSIS As this Court recently held in Martinez v. Lagos, 13-887 (La.App. 5 Cir. 05/21/14) , 142 So.3d 231, 234 , each child custody case must be viewed in light of its own particular set of , facts and circumstances with the .paramount goal of reaching a decision that is in the best interest of the children. | 1 | 2016–2016 |
Smith v. Smith
green
1 sentence2011The father had already been approved to relocate from Louisiana to Alabama; the relocation did not upset or thwart the visitation schedule with the mother; the child was not abducted or surreptitiously relocated, as the mother was given notice of the move by Jason both verbally and in writing well before the child was moved to Kansas; the child was not relocated to a location much different in distance from the mother’s residence in Louisiana when compared to the court-approved Alabama location; there was no established ill-motive on the part of the father in violating the order; and the parti | 1 | 2011–2011 |
New Orleans Hat Attack, Inc. v. New York Life Ins. Co.
neutral
1 sentence1999The trial judge dismissed Kite's suit, [8] not on the basis that GKI did not do the acts described, but on the basis that GKI's acts were authorized by the contract's relocation clause. [9] The judge stated: It is unfortunate that this incident occurred, but as [ New Orleans Hat Attack, Inc. v. New York Life Insurance Co., 95-0055, 95-0056 (La.App. 4th Cir.11/30/95); 665 So.2d 1186 ] mentions a lease contract forms the law between the parties defining their respective legal rights and obligations. | 1 | 1999–1999 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.