McDonough v. McDonough, 962 A.2d 47 (2009)
Jan 12, 2009OUTCOME: Mother allowed to relocate minor children.
CHILD RELOCATION: Mother's petition to relocate to Indiana with minor children was granted by the Family Court trial justice. Father appealed, triggering an "automatic stay" of the trial court's decis ... ion. Mother immediately sought interim relief, asking for an exception to the automatic stay based upon Rule 7 of the RI Supreme Court's Appellate Rules of Procedure. Her motion was granted by the trial justice, she and the children then moved to Indiana. In upholding the Family Court trial justice's relocation decision and the granting of interim relief under Rule 7, the Rhode Island Supreme Court found that the evidentiary facts supported relocation of the minor children, and further, that the trial justice properly exercised her discretion under Rule 7 to grant relief from the automatic stay of proceedings.
