Released for Publication April 24, 2015.
Lee Circuit Court, (DR-09-363.03). Trial Judge: Jacob A. Walker III, Judge.
For Petitioner: Judy H. Barganier, Patrick J. Murphy, Law Offices of Judy H. Barganier, P.C., Montgomery.
For Respondent: James B. Sprayberry, Auburn.
MOORE, Judge. Thompson, P.J., and Pittman, Thomas, and Donaldson, JJ., concur.
PETITION FOR WRIT OF MANDAMUS
Catherine Mida Crum (" the mother" ) petitions this court for a writ of mandamus to the Lee Circuit Court (" the trial court" ) requiring it to set aside its order requiring her to return the parties' children to their primary residence in Alabama and awarding custody of minor children to David Dudley Crum (" the father" ) in the event that she is incapable of returning or unable to return, with the children to Alabama. We deny the petition.
On August 18, 2011, the trial court entered a judgment divorcing the parties,
awarding the parties joint legal custody of the children, awarding primary physical custody of the children to the mother, and ordering that the mother could not relocate to Wisconsin with the children. The judgment included the statutory language from Ala. Code 1975, § 30-3-166, a part of the Alabama Parent-Child Relationship Protection Act (" the Act" ), Ala. Code 1975, § 30-3-160 et seq., that is required to be included in every judgment containing a child-custody determination.
On August 24, 2012, the mother sent the father a letter giving him " formal notice as required by [the Act] of [her] intent to ask the Court for permission to relocate [her] principal residence and the residence of our children to Wisconsin." She acknowledged that she had to have permission from the trial court to move with the children, and she stated that she did not know more specific information regarding the move at that time. On August 27, 2012, the mother also filed a petition for modification of the divorce judgment, stating, in pertinent part:
" As required by [the Act], the [mother] is giving the [father] ...