Marriage of Claudia K. and William K. CA4/2
Opinion
Opinion
I. INTRODUCTION
In 2017, a judgment was entered pursuant to Family Code1 section 2024
dissolving the marriage of William K. and Claudia K.2 The judgment included a final
custody order providing for joint physical and joint legal custody of their two minor
children. William remarried and moved to Oregon; Claudia remarried and remained in
California; and the two made informal arrangements with respect to dividing their time
with the children.
In May 2022, Claudia and her new husband were involved in a domestic violence
incident while the children were present in the home. Law enforcement intervened, an
emergency protective order and criminal charges were filed against Claudia’s husband,
and an investigation was initiated by the relevant child protective services agency. When
William learned that Claudia had let her husband back into the home following the
expiration of the emergency protective order, he filed a petition seeking modification of
the custody order to permit the children to move to Oregon and to grant him full physical
custody of the children.
After conducting a trial on the petition, including days of live testimony by both
parties, the trial court…