David Stills v. Amber Stills — Brown, J., Dissenting

Summary

Justice Brown, dissenting, would hold that the parties validly agreed to place the burden of justifying relocation on the custodial parent, without surrendering the court's ultimate authority to determine the children's best interests. He reasoned that the agreement altered only the allocation of proof and did not impermissibly contract away the best-interest determination. Justice Hannah, dissenting, likewise would reverse and remand, concluding that the relocation presumption was waivable and did not control the best-interest analysis.