The specifics of the case were not important to me. Bruch successfully urged Wallerstein and Tanke to submit a brief showing the court the social science reasoning that supports keeping children with custodial parents even in relocation disputes. The case proceeded, and last month, the California Supreme Court ruled that when custodial parents move, they usually should retain custody of their children. A parent who has been the primary caretaker for minor children is ordinarily no less capable of maintaining the responsibilities and obligations of parenting simply by virtue of a reasonable decision to change his or her geographical location. The decision was a major victory for children and custodial parents, Bruch says.
Children are infinitely safer today.
The court has said that the custodial household is the family unit that needs to be protected in order to protect the children. It has made clear that children's well-being depends on their relationship with their caregiver. Bruch admits there's little way for the decision to make everyone happy. The court says we'll allow people to move. Rather than micromanage the relocation choice, courts will preserve the child's relationship with the noncustodial parent by rearranging visits and other forms of contact.