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Andrew V. v. Superior Court (Jessica V.)

Family court may not allow mother to temporarily relocate children out-of-state without conducting full adversarial hearing.





Cite as

2015 DJDAR 2495

Published

Mar. 3, 2015

Filing Date

Mar. 2, 2015


Filed 3/3/15; unmodified opinion and pub

ANDREW V.,

Petitioner,

v.

THE SUPERIOR COURT OF ORANGE COUNTY,

Respondent,

JESSICA V.,

Real Party in Interest.

 

 

No. G051310

(Super. Ct. No. 04D009068)

California Courts of Appeal

Fourth Appellate District

Division Three

Filed March 3, 2015

 

ORDER MODIFYING OPINION;

(NO CHANGE IN JUDGMENT)

 

 

THE COURT:*

 

The per curiam opinion filed on January 23, 2015 and modified and certified for publication on February 9, 2015, is further modified as follows:

 

1. On page 3, second paragraph: Add the phrase ?, while present at the hearing,? following the words ?Father?s counsel.? As revised, the second sentence of the second paragraph on page 3 should read: ?Respondent court recognized that Father?s counsel had a right to cross-examine the child custody investigator, and the court further       acknowledged that Father?s counsel, while present at the hearing, was physically unable to represent Father at the hearing because of counsel?s illness.?

 

2. On page 4, last line of the page: Change ?matter? to ?manner.? As corrected, the last sentence of the page should read: ?The best interests of the children require that the parents? competing claims be heard in a calm, dispassionate manner, with adequate time to marshal and present evidence.?

 

This modification does not change the judgment.

 

 

* Before Aronson, Acting P.J., Ikola, J., and Thompson, J.

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