ILNews

Judges disagree whether mother’s relocation is in good faith

Back to TopCommentsE-mailPrintBookmark and Share

A panel on the Indiana Court of Appeals Thursday couldn’t agree whether a northern Indiana mother’s decision to relocate with her two children was made in good faith. The majority upheld her request to relocate.

In Geoffrey A. Gilbert v. Melinda J. Gilbert, 57A03-1308-DR-312, Geoffrey Gilbert appealed the grant of his ex-wife’s petition to relocate with their two minor children. Melinda Gilbert wanted to relocate because she needed a bigger house for her two children with Geoffrey Gilbert, her new child with her fiancé and her fiance’s child who lived with them occasionally. She said she was unable to find a home that accommodated their needs in Albion and decided to relocate to Goshen, approximately 30 miles from Geoffrey Gilbert.

Judges Patricia Riley and Michael Barnes affirmed the grant of Melinda Gilbert’s petition to relocate, finding the record clearly supports the conclusion that she sought to relocate in good faith. She worked to alleviate her ex-husband’s inconvenience by staying relatively close to his home in Albion, he works in Goshen, and his two older children from a previous marriage live in Middlebury and attend the same school system that the younger Gilbert children would.

Also, the majority noted the amount of time the children would spend with their father was not going to change regardless of whether the trial court approved or denied their mother’s request to relocate.

“Therefore, we conclude that the trial court did not abuse its discretion in granting Mother’s relocation request because Father failed to prove that it was not in the Children’s best interests,” Riley wrote.

Judge Margret Robb dissented, writing she didn’t believe Melinda Gilbert desired to relocate in good faith. Robb said the record doesn’t support moving to a better school district as a good faith and legitimate reason for her proposed relocation as Melinda Gilbert gave no testimony about the Goshen schools.

“If simply saying, ‘I want a bigger house,’ is a good faith and legitimate reason for relocating, then we have gone too far in the opposite direction of setting too high a bar for the relocating parent to meet, we have set no bar whatsoever,” Robb wrote.

The majority affirmed the denial of appellate attorney fees for Melinda Gilbert.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

ADVERTISEMENT