Justice, dissenting.
[¶ 60] Because the trial court correctly applied the longstanding law of this state, I would affirm.
[¶ 61] The majority asserts, at ¶ 8, the trial court’s decision “was induced by an erroneous view of the law,” and proceeds to pronounce as the law of this state principles repeatedly rejected by this Court — principles contrary to express legislative intent.
[¶ 62] The long-established law of this state has been:
“In matters pertaining to custody and visitation rights, we are concerned primarily with the best interests of the children and not the wishes or desires of either parent.”
Muraskin v. Muraskin, 336 N.W.2d 332, 336 (N.D.1983) (citing Burich v. Burich, 314 N.W.2d 82 (N.D.1981)).
“Minor children are entitled to the love and companionship of both parents insofar as this is possible and consistent with their welfare.
“For this reason, visitation privileges granted to the non-eustodial parent must not be viewed merely as a privilege of that parent, but as a right of the child which is not to be subverted by the custodian.”
Gardebring v. Rizzo, 269 N.W.2d 104, 110 (N.D.1978) (internal quotation marks and citations omitted).
[¶ 63] Long after these principles were announced, the legislature amended the law to *918better protect the interests of the child to have regular and frequent visitation with the non-eustodial parent. According to the Minutes of the Senate Committee on Social Welfare and Veterans Affairs, March 2, 1979, Senator Stenehjem testified the provisions of House Bill 1585, amending N.D.C.C. § 14-09-07, dealt with actions of custodial parents which defeat visitation:
“For instance, mother moved to Florida, father remains in North Dakota — his rights still remain same seeing child every two weeks but almost impossible since she moved to Florida. What they did was defeat the order of the court.”
Yet, here the majority substitutes the happiness and comfort of the custodial parent as a primary factor in deciding whether the custodial parent should be permitted to move the child.
[¶ 64] The majority, starting at ¶ 38, purports to “fashion a standard” allegedly consistent with the prior decisions of this Court. In fact, the standard enunciated by the majority reflects the dissenting positions specifically rejected by this Court in McRae v. Carbno, 404 N.W.2d 508, 509-511 (N.D.1987):
“[The custodial parent] invites us to overrule our decision in Olson v. Olson, 361 N.W.2d 249 (N.D.1985), in which we concluded that in this state there is not a presumption in favor of the custodial parent’s decision to change the child’s residence. We decline the invitation. In Olson, supra, we concluded that a presumption in favor of the custodial parent’s decision to change the child’s residence would be inconsistent with our state law. We reiterate and reaffirm our position on this issue as stated in Olson, supra, 361 N.W.2d at 252:
“ We believe the ... presumption is inconsistent with [Section 14-09-07]_ At least in cases such as this where the noncustodial parent has been given and has exercised visitation rights, the custodial parent has the burden of securing an order for a change of residence of the child to another state by demonstrating that it is in the best interests of the child to do so. See, Burich v. Burich, 314 N.W.2d 82 (N.D.1981). In our state, there is a legally recognizable right of visitation between a child and the noncustodial parent which is considered to be in the best interests of the child. See Subsection 14-05-22(2), N.D.C.C.; Gardebring v. Rizzo, 269 N.W.2d 104 (N.D.1978).
“ ‘The statutory recognition of visitation rights between a child and the noncustodial parent is consistent with placing the burden upon the custodial parent to show that moving the child to another state is in the child’s best interest. We conclude that there is no presumption that a custodial parent’s decision to change the child’s residence to another state is in the child’s best interests. We are unpersuaded that it would be consistent with our statutes or otherwise appropriate to adopt such a presumption, and we refuse to do so.
“The dissenting justices accord far less importance to the relationship of noncustodial parent and child than the trial court and would permit a move that concededly has a negative impact on that relationship so long as the custodial parent articulates ‘legitimate reasons’ for the move. We do not believe that the legislature enacted Section 14-09-07, N.D.C.C., with the intent of accomplishing little more than placing a ministerial responsibility upon the courts in signing change of residence orders for the asking. That is the ultimate consequence of the dissenting justices’ interpretation of the provision for it would be seldom, indeed, that a custodial parent could not articulate anticipated or hoped-for advantages at the location of the desired move.
“Being a good parent is very difficult. Being a good parent in a noncustodial role, with the parent/child contact severely limited by court decree, is extremely difficult. The legislature and the past decisions of this court have placed a high level of importance on the rights of children to have *919the love and companionship of both parents. Any act which will interfere with that relationship should be closely scrutinized. Justice Levine suggests in her dissent that ‘[i]ndeed, vindictiveness should be the primary, if not exclusive, target of the statute.’ That is simply contrary to our caselaw which sets forth the best interests of the child, not the motive of the custodial parent, as the primary issue in deciding whether or not a change in residence of the child should be permitted. The trial court must be given substantial discretion in deciding whether to approve such a move, which might for all practical purposes severely distort or perhaps eliminate the parent/child nature of the relationship between the child and the noncustodial parent.
“In many cases the determination of custody is an extremely close decision, and the determination that the best interests of the child will be served by placing the child in the custody of one parent takes into consideration the liberal visitation rights granted to the other parent. In some cases a trial court might very well have placed the child in the other parent’s custody if, at the time of awarding custody, the court had known that the proposed custodial parent planned to move from the state.
“Justice Meschke, in his dissent, points out that this is not a custody case and that the factors set forth in Section 14-09-06.2, N.D.C.C., cannot be used to determine the best interests of the child. It is axiomatic that the issue of child custody and visitation are interrelated. In Burich v. Burich, 314 N.W.2d 82 (N.D.1981), a case involving visitation and not a change of custody, Chief Justice Erickstad, writing for a unanimous court, said:
“ ‘In determining the best interests of a child, the trial court must consider the factors listed in Section 14-09-06.2, N.D.C.C. We believe that the factors impliedly recognize a child’s need for a meaningful relationship with both his mother and his father. That need is met not only by daily contact with the custodial parent, but also by meaningful visitations with the noncustodial parent.” 314 N.W.2d at 87.
“Justice Meschke also states in his dissent that ‘change of residence does not itself change the right of visitation in any way that the parties or the court cannot amply adjust.’ That position is contrary to the very reason for the enactment of Section 14-09-07, N.D.C.C. To imply that there will be no adverse effect on the relationship between the noncustodial parent and the child as a result of the child moving more than 1,000 miles away is to overlook the realities of life. As Justice Levine concedes in the opening line of her dissent, ‘[i]t goes without saying that any change of residence will “negatively impact” a father-child relationship where that father is a loving and attentive noncustodial parent.’
“The trial court has heard the testimony and observed the parties involved. It has determined that [the custodial parent] has not met her burden of proof in establishing that the best interests of [the child] will be served by granting her permission to move to Seattle. The decision of the trial court should be upheld unless we are convinced that a mistake has been made. We are not so convinced, and, accordingly, the order of the trial court is affirmed.”
[¶ 66] The legislature and this Court have recognized the importance to the child of regular visitation:
“Children are entitled to the love and companionship of both parents, and regularly scheduled visitation is an integral part of developing a healthy relationship between a child and the non-eustodial parent.”
Iverson v. Iverson, 536 N.W.2d 739, 742 (N.D.1995) (citing Gardebring). Yet, the majority apparently supplants the child’s interest in the love and companionship of both parents with the happiness of the custodial parent, writing at ¶ 44:
“This court considers the child’s best interests inextricably interwoven with the quali*920ty of life of the custodial parent, -with whom the child lives and upon whom the child relies emotionally. The issue is not whether the custodial parent can find a minimum wage job in North Dakota. Quality of life includes such things as health and happiness, not just financial stability.”
Is it sufficient if the custodial parent’s “happiness” would be promoted by being done with the ex-spouse and dealing with visitation?
[¶ 66] In its analysis of the “best interests of the custodial parent,” the majority invades the province of the trial courts in order to “find facts.” In doing so, it dons the hat of advocacy, ignoring that the new job is not in the custodial parent’s career field, ignoring the suspect credibility of an affidavit from her attorney/employer that her job is to be ended, and ignoring the loss of proximity to the child’s next closest relative (his father) to be closer to more distant relatives.
[¶ 67] The majority “finds” the custodial parent’s motives in making the move to be “pure” while ignoring the previous pronouncements of this Court that the ability to articulate a non-vindictive motive for the move is not our standard. See, e.g., McRae at 510 (“for it would be seldom, indeed, that a custodial parent could not articulate anticipated or hoped-for advantages at the location of the desired move”).
[¶ 68] The majority “finds” less frequent visitation by the noncustodial parent to be sufficient, despite our contrary holdings. See, e.g., McRae (“The legislature and the past decisions of this court have placed a high level of importance on the rights of children to have the love and companionship of both parents”).
[¶ 69] I would reject the action of the majority reversing the previous decisions of this court and nullifying the intent of the legislature, and would affirm the well-reasoned decision of the trial court.
[¶ 70] Dale V. Sandstrom