(Texas) Supreme Court Rules in Favor of Mother to Allow Children to Move out of Country - BY: ERIC J.

Link for Opinion: http://www.supreme.courts.state.tx.us/historical/2002/jun/010232.htm Title: Supreme Court Rules in Favor of Mother to Allow Children to Move out of Country The Supreme Court of Texas rules that in Lenz v. Lenz, 79 S.W.3d 10 (Tex. 2002) that the mother could move decide primary residence for her children as it would improve her life and in turn her children’s lives. The mother sought this modification so she could move back to Germany, where her and her ex-husband were originally from, and remarry. The father had sought a denial of this modification as he would be separated from his children who he was close to. Both parents are German citizens living in San Antonio. Romy and Rudi Lenz are German citizens currently residing in San Antonio, Texas. Six years after their marriage in Germany, they had their first son, Oliver, in 1986. The family relocated to Phoenix, Arizona, in 1991 because of Rudi's job. The next year, Dominic was born. In 1997, Romy and Rudi legally separated and entered into a Stipulated Consent Decree of Legal Separation pursuant to Arizona law. The decree included a Joint Custody Agreement and Parenting Plan, under which Romy and Rudy would be joint legal custodians. The agreement designated Romy as the "primary residential parent," and as a result, Oliver and Dominic resided with their mother while Rudi saw the boys on a regular schedule. The agreement also expressed the parties' intent to relocate to San Antonio and restrict the boys' residency to Texas. Rudi moved to San Antonio in February 1997 to start a new job, and Romy and the boys followed in June of that year. The court ruled that moving back to Germany was in the mothers, and therefore the children’s best interests as it would improve their mother’s life and in turn improving their own. They found that the father had job offers from Germany and could also move their and continue his own work from there. He could also return to work for his former employer. As those options exist the court found no reason why the mother could not choose primary residence for the children as the father has opportunity to be in their lives in Germany as well.