Marriage of Klaus and Null CA1/2

I. INTRODUCTION

Respondent, Christopher Null has moved to dismiss appellant, Ashley Klaus’s appeal of the trial court’s March 20, 2013, order on the ground that the court’s subsequent vacation of that order moots Klaus’s appeal. The motion is granted and the appeal is dismissed. Null also seeks sanctions, a request we deny.

II. FACTUAL AND PROCEDURAL BACKGROUND

Null and Klaus were divorced in 2010. At the time this appeal was filed their daughter was ten and their son was six. On June 22, 2011, Null and Klaus entered into a stipulated parenting agreement. The salient features of this agreement are as follows: Null and Klaus have joint legal custody of their daughter and son and a 70-30 custody schedule. Under this schedule, the children live primarily with Null in San Francisco. They have a number of weekend

1 visits with Klaus during the school year and spend substantially all of the summer with her. Null and Klaus also agreed that if either of them moved, they would revise the agreement. In the event that, after required counseling and mediation, they were unable to agree on a revised agreement, the court would apply the “best interests of the child” standard to the manner…