In Re Marraige of Hartmann

Good Law
111 Cal. Rptr. 3d 242·185 Cal. App. 4th 1247
Court of Appeal of CaliforniaJune 23, 2010B215917California1,413 words

Opinion

Opinion

Gilbert, J.

An order restrains a party from interfering with a custody order. The restraining order is not overbroad. Like a stop sign, it requires no explanation. It simply tells a party to stop interfering with the custody order.

Victoria Hartmann (Wife) appeals the denial of her motion to vacate an order restraining her from interfering with Peter Hartmann’s (Husband) child custody time. We conclude the restraining order is neither ambiguous nor overbroad. It simply makes explicit what is implicit in every child custody order: a party may not interfere with the order. We affirm.

FACTS

The parties were married in January 1990. They have three daughters: one, age 17 years old, and twins, age 14 years old.

The parties separated in July 2002. Wife filed for dissolution of the marriage six months later. The trial on the dissolution was held in August 2007. The parties reached a stipulation concerning their property, leaving child custody and support to be decided.

Wife wanted to send the oldest daughter to an out-of-state boarding school. The daughter previously attended the school and wanted to return. Husband opposed the plan because he wanted to be in his daughter’s life daily.…

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