Olson v. Olson, WD 60824.

• Decision Date: 10 December 2002
• Docket Number: No. WD 60824.,WD 60824.
• Citation: Olson v. Olson, 91 S.W.3d 164 (Mo. App. 2002)
• Parties: Mary Sue OLSON, Respondent, v. Timothy Jon OLSON, Appellant.
• Court: Missouri Court of Appeals

91 S.W.3d 164

Mary Sue OLSON, Respondent, v. Timothy Jon OLSON, Appellant.

No. WD 60824.

Missouri Court of Appeals, Western District.

December 10, 2002.

Kathy Kranitz Sadoun, St. Joseph, MO, for appellant.

Bruce Dean Enlow, St. Joseph, MO, for respondent.

Before HAROLD L. LOWENSTEIN, P.J., JAMES M. SMART, JR. and THOMAS H. NEWTON, JJ.

JAMES M. SMART, JR., Judge.

Timothy Jon Olson appeals the trial court's order modifying a dissolution judgment to allow Mary Sue Olson to relocate to Columbia, Missouri.

Factual Background

The Circuit Court of Buchanan County, Missouri, dissolved the marriage of Timothy Olson ("Father") and Mary Olson ("Mother") in August 2000. Father and Mother have one child. The Judgment for Dissolution of Marriage contained a joint parenting plan. Mother was the primary physical custodian, but Father was granted a generous visitation schedule, including custody of the child for the vast majority of weekends and most of the summer.

At the time of dissolution, Father resided in St. Joseph, Missouri, and Mother resided in nearby Gower, Missouri. In May 2001, Mother learned that her employment contract to teach in the Lathrop School District would not be renewed. She first sought employment with school districts close to her home in Gower, but was not successful. In August 2001, Mother accepted employment with the Columbia, Missouri school district, which is located approximately 180 miles from Father's residence.

On August 10, 2001, Mother notified Father of her intent to relocate with their child in writing pursuant to RSMo § 452.377. Father filed a timely Objection to Notice of Relocation and Motion to Modify on August 17, 2001. Mother subsequently filed a Motion to Relocate on August 30, 2001.

A trial on the merits concerning whether Mother could relocate the child to Columbia, Missouri was held. On October 30, 2001, the court entered a judgment authorizing the relocation, and modifying the custody arrangement and visitation schedule. Father's visitation time with his child was greatly reduced. Father now appeals that judgment.

Mootness

Father raises five points on appeal. His first two points challenge the trial court's determination that Mother's relocation was in the best interests of the child and the court's grant of Mother's motion to relocate with the child. After this appeal was filed, Mother relocated from Columbia back to the St. Joseph area. At oral argument, the parties revealed that Mother had moved back to her former home, but urged us to decide the case anyway because it involved significant issues related to relocation. We have no jurisdiction to issue advisory opinions on matters of law that are not part of a live case or controversy. Therefore, we decline the invitation to do so.

"A question is moot when it seeks a judgment upon some matter that would lack any practical effect on any then existing controversy." In re C.A.D., 995 S.W.2d 21, 28 (Mo.App.1999). Issues that are moot are not subject to consideration by this court. Bratton v. Mitchell, 979 S.W.2d 232, 236 (Mo.App.1998). This rule applies to cases in which child visitation is at issue. Harris v. Parman, 54 S.W.3d 679, 688 (Mo.App.2001). Any determination by this court as to whether or not the trial court erred in allowing Mother to relocate will...