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California Court of Appeal

Winternitz v. Winternitz, D065131

Mother appeals the denial of her move away request involving her daughter with the Father, Mother's ex-husband. Mother asserts that the custody evaluator failed to comply with California Rules of Court rule 5.220 and that it was legal error for the family court to deny her motion to strike the evaluator's defective report. Mother also contends that the family court did not apply the correct legal standard in assessing her relocation request. The judgment is affirmed, where: 1) the Mother has failed to show that the family court committed error in making its findings and the appeals court cannot reweigh the evidence; and 2) the change in custody will pose challenges to all parties, but the family court relied on both parents to support the court's order and do everything possible not to cause any more emotional stress on their daughter.

Appellate Information

  • Decided 03/27/2015
  • Published 03/27/2015


  • McIntyre


  • California Court of Appeal


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