Obviously we have to take this with a grain of saltbut I did want to offer up my experiences with pursuing a relocation case. This makes it sound like an easy process but in reality it's anything but. I come from a state with a very similar family code of law.
1. Elaine, before anything else, would have to notice both the court and MR at least 45 days before the intended move. (At this point I believe MR could have given his consent and a judge may have just signed a revised parenting plan and relocation order without further proceeding.)
2. If the move was contested (by everything we know, I believe it was) it was the responsibility of MR to object the relocation. This would initiate further proceedings and mediation would have been ordered. Relocation cases are given priority status in CO.
3. For my kiddos relocation I went through ten months of court hearings - even though my ex could
not assume custody of our children. My children were appointed a guardian ad litem and I was ordered to provide an overwhelming amount of evidence to prove why the move was in my children's best interest. Ultimately, the court could have removed custody of the kiddos had they ruled against me.
4. It is a long, laborious, very expensive process. I acted pro se but still amassed thousands in debt towards court expenses, filing fees, guardian ad litem rates, and airfare.
What I learned is a lot. I've studied dozens of relocation cases in preparation for my own. Some states are far more progressive while others are only just passing relocation statutes. By and far though each 'move-away' is based on its own merits. IME, family court judges tend to err on the side of caution and are very careful to apply the legal presumption of best interests correctly. A relocation ruling can be appealed within a certain time period based on state statutes.
It is likely, imo, whether you agree or not, that the judge in this case believed Dylan's relationship with MR would not be substantially affected by allowing the relocation. (And this is where a long-distance parenting plan comes into play. It would have attempted to give MR as much time with Dylan as he had previously through school breaks, summer and holiday time. Some NCPs end up with more time. Things like phone calls, Skype, and email are also sometimes ordered.)
I guess my caution is that this isn't a quick and simple process designed to occlude the other parent. Because of constitutional rights involved courts tend to consider a multitude of factors when deciding move aways and do so with due diligence. Depending on state statutes the parent(s) must provide an abundance of evidence and the testimony of teachers, coaches, or other relevant 3rd parties may be considered. In some cases, home studies are also conducted. FWIW
ETA: Just as food for thought for those who believe a parent wouldn't fight a relocation for a child he didn't want (not saying that's the case either though) - my ex contested my relocation from prison. He was in no position, having been sentenced to nearly a decade behind bars, to assume custody and his visitation rights had been suspended but he was determined not to let me move 'his' children. This is very common for abusers but as such the court was very cautious to also consider his constitutional rights.
http://www.colorado-family-law.com/relocation-children.htm
http://www.brettwmartin.com/compone...e-material/749-modification-of-parenting-time