California Court of Appeal

In a father’s appeal from an order of the juvenile court on his petition under Welfare and Institutions Code section giving his minor son sole discretion whether Father will have visits with him, the order is reversed where once the court determines that visitation is in the child's best interests, the court must, as part of its duty to protect and serve those interests, ensure that such visitation occurs under terms set by the court. Otherwise, by placing sole discretion whether visitation will occur in the hands of the child, the court will have ceded to the child the determination whether visitation is in the child's best interests.

Appellate Information

• Published 2016/09/19

Judges

• WILLHITE

Court

• California Court of Appeal

Counsel