Barkaloff

This appeal is from an order granting visitation rights to an unmarried man in an action brought by the mother under the Domestic Violence Protection Act (DVPA) (see Fam. Code, § 6200 et seq.), where both the mother and the biological father, who are in a “marital relationship,” object to the visitation. We conclude that the DVPA provides no basis for such an order and reverse.

I. Background

A. Factual Summary

Appellant Virginia Woodward and respondent Robert Barkaloff met in January 1986 while classmates at University of California, Berkeley. Woodward was pregnant at the time. They began dating that spring. Woodward told Barkaloff she did not know who the father was. They started living together shortly before Woodward gave birth. Barkaloff trained as a labor coach and was present when Cassandra (Cassie) was bom.

The couple lived together off and on for approximately five years. Malin, their child, was bom 15 months after Cassie. The couple held Barkaloff out to the world as Cassie’s father as well as Malm’s father. He participated in child rearing and assumed parental responsibilities.

Woodward and Barkaloff had a stormy relationship. They argued and yelled;…