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IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE September 15, 2005 Session MARIA ANGELA STEFANELLI BELL v. JULIAN BAKER BELL, III.
Direct Appeal from the Circuit Court for Hamilton County No. 01D2105 Hon. Jackie Schulten, Circuit Judge

No. E2004-02964-COA-R3-CV - FILED OCTOBER 31, 2005 The divorced mother was permitted by the Trial Court to relocate with her two children to Cincinnati, Ohio from Hamilton County, Tennessee. The father has appealed. We affirm.

Tenn. R. App. P.3 Appeal as of Right; Judgment of the Circuit Court Affirmed.

HERSCHEL PICKENS FRANKS, P.J., delivered the opinion of the Court, in which D. MICHAEL SWINEY , J., and SHARON G. LEE, J., joined. John P. Konvalinka, Chattanooga, Tennessee, for appellant. William H. Horton, Chattanooga, Tennessee, for appellee.

OPINION

In this action, the parties were divorced by Final Decree on July 12, 2002, which incorporated by reference the parties' Marital Dissolution Agreement, as well as a Permanent Parenting Plan. The Permanent Parenting Plan provided that the mother is the primary residential custodian, and the father will have co-parenting time with the children every other weekend from Friday after school until Monday morning, and every Wednesday from the time they leave school until 7:30 p.m. On July 29, 2004, the father filed a Petition which averred that the mother had recently announced to the children that she was moving with them to Cincinnati, Ohio before the 2004-2005 school year, and the mother had failed to comply with the requirements of the parental relocation statute, Tenn. Code Ann.

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