California Court of Appeal

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Marriage of Fernandez-Abin and Sanchez, D056010

In a husband's appeal of a restraining order issued under the Domestic Violence Protection Act protecting his wife and their minor children, claiming that the California court erred when it included his children within the scope of the restraining order and made other rulings because, in an earlier proceeding before a different judge, that court had granted his motion to dismiss the children under the Uniform Child Custody Jurisdiction and Enforcement Act, the permanent restraining order as it pertains to the children, custody and visitation, is reversed and remanded as, the record shows that the California court neither based its decision on section 3424 nor followed the requirements of that statute when it included the children within the permanent restraining order, and the record also shows the California court effectively disregarded the jurisdiction of the Tijuana family court in making custody and visitation determinations in connection with that order.

Appellate Information

  • Decided 01/12/2011
  • Published 01/12/2011

Judges

  • BENKE

Court

  • California Court of Appeal

Counsel

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