Stancliff and Stancliff

In determining whether relocation is in the children’s best interests, a court must consider all of the relevant factors in ORS 107.137(1), bearing in mind that no one factor is dispositive. Sjomeling v. Lasser, 251 Or App 172, 188 (2012).

After being awarded sole custody of his children, father was not permitted to relocate to Illinois with the children while mother remained in Oregon. Father assigned error to the trial court’s order denying his request to relocate and related parenting plan. He argues the court abused its discretion and erred by failing to consider certain required factors. In determining whether relocation is in the children’s best interests, a court must consider all of the relevant factors in ORS 107.137(1), bearing in mind that no one factor is dispositive. Sjomeling v. Lasser, 251 Or App 172, 188 (2012). The trial court erred by giving undue weight to maintaining geographic proximity of the parents, by only considering the effect of father’s relocation on mother’s parenting time, and by discounting benefits to the children of father’s relocation. Because the trial court failed to consider all relevant factors, the Court remanded the case for father’s relocation to be properly considered utilizing all factors under ORS 107.137(1). Reversed and remanded.