Johnston-Rossi v. Rossi

Mother got a domestic violence restraining order against Father in April 2015. The trial court order allowed Mother to relocate, ordered that the minor children reside with Mother, and gave Father visitation during the minor children’s school breaks and some holidays.

Mother relocated again in 2020, resulting in both Mother and Father asking for modifications to the parenting plan. After hearing, the trial court ordered that Father could enroll himself and the minor children in a week-long program “such as Family Bridges or Turning Point.”

About a month later, Father filed another request, asking the trial to modify the parenting plan to allow Father and the minor children to attend the in-person portion of the Family Bridges program and the required post-aftercare. This would mean that the minor children would attend a 4 day in-person program with Father and then there would be a minimum of 90 days of “aftercare.” This aftercare period required that the minor children reside with Father and have absolutely no contact with Mother. The trial court granted Father’s request.

Mother appealed. Finding that “nothing in the record supports the court’s finding that this significant disruption to the children’s established living arrangement was in their best interest,” the Court of Appeal held that the trial court abused its discretion in modifying the parenting plan.