In 2004, the marriage between “Joe” and “Mary” ended in divorce with both parties agreeing to remain in or near Salt Lake City, Utah to raise their children under a joint custody arrangement. A few years later, Mary changed her mind, and she notified Joe that she intended to move to another state and take their children with her because her new husband decided to take a job there. Joe fought the move in court. After a two day trial, a Utah Third District Court Judge agreed with Joe. The judge ruled that it was not in the best interest of the children to allow them to relocate out of state. Joe was represented at trial by Ben W. Lieberman and Bryant J. McConkie.
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