In Re Brison C.

Nine-year-old Brison C. is the focus of an extended battle between his parents, appellants herein. Respondent Fresno County Department of Social Services entered the fray after mother claimed that Brison had been sexually molested by his father and father claimed mother had physically abused the boy. Both claims were deemed unfounded after investigation. Respondent then filed a petition pursuant to Welfare and Institutions Code section 300, [1] alleging that Brison was suffering serious emotional damage because of his parents' ongoing custody dispute. Brison was removed from the mother's home and placed in foster care. [2] After hearing, the allegation was found time and return of Brison to either parent was found detrimental. The court did not make any specific factual findings. Both parents challenge the sufficiency of the evidence supporting these determinations. [3]

The record has been reviewed in detail. As is unfortunately true in many protracted divorces, Brison was caught in the crossfire of his parents' frustration and anger with each other. However, even assuming that parents' conduct prior to Brison's removal rose to the level of emotional abuse,…