In this case, our client, Mother, got a domestic violence restraining order against Father after he physically abused her and refused to return their young son to her, requiring law enforcement to get involved. The family court gave Mother sole legal and physical custody, but left in place a visitation schedule giving Father three days a week and Mother four. Since this basically gave Father joint custody of the child for about 43% of the time, the family court was first supposed to see if Father had overcome the presumption against granting him custody, under Family Code section 3044, by analyzing the law’s seven factors in writing or on the record. Since the family court did not do that, the appellate court reversed the visitation order, and sent the case back to the family court to follow the law. In addition, the appellate court said the family court didn’t follow the law by refusing to give a “statement of decision,” which Mother had requested at trial, under Family Code section 3022.3. This is the first published opinion under Family Code section 3022.3.
Family Violence Appellate Project
Giving survivors a second chance at justice
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