Marriage of Fernandez-Abin and Sanchez, D056010
Motion to dismiss minor children from a restraining order under the Uniform Child Custody Jurisdiction and Enforcement ActMarriage of Fernandez-Abin and Sanchez, D056010
, concerned 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.
In reversing the permanent restraining order as it pertains to the
children, custody and visitation, the court held that 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.