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Marriage of Fernandez-Abin and Sanchez, D056010

By FindLaw Staff on January 13, 2011 | Last updated on March 21, 2019
Motion to dismiss minor children from a restraining order under the Uniform Child Custody Jurisdiction and Enforcement Act

Marriage 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.

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