Marriage of N.T. and J.G. CA4/1

INTRODUCTION

N.T. (Father) has filed an appeal (and alternatively, a petition for writ of mandate, prohibition, certiorari and/or other appropriate relief (writ petition)) in which he challenges an order granting a request of J.G. (Mother) to relocate to Dallas, Texas with the couple’s minor child. Father opposed Mother’s request on the ground she perpetrated domestic violence during an incident in which she exhibited a knife (knife incident). Father asserts the trial court erred by concluding that Mother’s conduct during this incident did not rise to the level of domestic violence such that the

Family Code1 section 3044 rebuttable presumption was not triggered. Specifically, he contends the court (1) failed to properly evaluate the evidence relevant to whether Mother’s conduct during this incident disturbed his peace; (2) erred in not finding that pointing a knife toward him was threatening conduct; and (3) erred in not finding that Mother’s “threat of suicide” (capitalization omitted) constituted “coercive control” and thus domestic violence. We conclude the order is appealable, but we affirm the order because we reject Father’s claims of error. In an order filed concurrently…