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SPAHMER v. GULLETTE

No. 03SC751.

113 P.3d 158 (2005)

Jennifer SPAHMER, Petitioner, v. Todd GULLETTE, Respondent.

Supreme Court of Colorado, En Banc.

June 6, 2005.

Attorney(s) appearing for the Case

Barry J. Seidenfeld, PC, Barry J. Seidenfeld, Denver, Anne Whalen Gill, PC, Anne Whalen Gill, Castle Rock, for the Petitioner.

Todd W. Gullette, Pro Se, Boulder.

Ronald D. Litvak, Litvak, Litvak, Mehrtens & Epstein, PC, Denver, Amicus Curiae for Colorado Chapter American Academy of Matrimonial Lawyers.

RICE, Justice.

In this appeal from an initial allocation of parental responsibilities pursuant to subsection 14-10-124(1.5), C.R.S. (2004), Petitioner Jennifer Spahmer (Mother) argues that the trial court abused its discretion when it ordered her to live in Colorado in close proximity to Respondent Todd Gullette (Father). We agree, and conclude that in an initial determination to allocate parental responsibilities, a court has no statutory authority to order a parent...

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