A.S.

INTRODUCTION

Mother A.S. appeals from the family court’s orders granting father D.S.’s request for a move away order and for primary custody of their child, Mason S. The family court erred by granting the initial move away order on an ex parte basis based on reasons that did not meet the statutory standard under Family Code section 3064. Under the circumstances presented, however, we affirm because at the subsequent contested hearing the court applied the correct standard and did not take into account its prior ex parte ruling. Further, A.S. has not met her burden to demonstrate prejudicial error arising from the ex parte order, or that the family court abused its decision by granting the move away order after the contested hearing.

FACTUAL AND PROCEDURAL BACKGROUND

A. Background A.S. and D.S. married in 2015, and Mason was born in 2016. The parents separated in 2017 and their stipulated judgment of dissolution was filed in July 2019. The judgment specified A.S. and D.S. had joint legal and physical custody of Mason. Both resided in Southern California at the time of the dissolution. On January 31, 2020, D.S. filed a request for an order to give D.S. primary physical custody…