Opinion

Lavalle v. Lavalle

  • 11 S.W.3d 640
  • 1999 Mo. App. LEXIS 2291
  • 1999 WL 1054813
Court
Missouri Court of Appeals
Filed
Nov 23, 1999
Status
Published
Author
Karohl
On the bench
Mary K. Hoff
Cited by
24 cases

holding invalid a provision in judgment granting mother permission to move with child to Maryland that improperly restricted that grant to two years subject to further review of the trial court at that time

How later courts described this case

  • holding invalid a provision in judgment granting mother permission to move with child to Maryland that improperly restricted that grant to two years subject to further review of the trial court at that time
  • affirming the judgment but striking provision limiting child’s relocation to another state to two years as surplus language

Written by the judges who cited it.

The opinion

KENT E. KAROHL, Justice,

dissenting.

I concur with Judge Hoff in the analysis and holding on the substantive issues of the appeal and the cross-appeal. However, the appropriate result would be a remand to permit the trial court to reconsider and redecide all the custody issues. It has broad discretion in deciding these issues. We do not. In light of our decision rejecting the two-year limitation on the modification of these issues, it would be more appropriate for the trial court to reconsider all of the modification of custody issues. There would be no need for additional evidence, but that would be at the court’s discretion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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