Cooper

This is an appeal from an order terminating child support upon a finding by the trial court that the child’s mother was intentionally frustrating the father’s efforts to maintain contact with the child. Contra Costa County, to whom the child support payments had been paid, appeals, arguing that mere interference with visitation, without concealment of the child, is not a sufficient ground to terminate child support. We agree, and we reverse the order.

Factual and Procedural Background

In 1984 respondent Michael V. O’Rourke was ordered to pay $200 per month as child support for his daughter Victoria, who was bom in 1983 to Carol Ann Lee. The payments were to be made to the County of San Mateo. In October 1991, after O’Rourke brought a contempt action against Lee, the parties agreed to a visitation schedule. The court’s order provided, among other things, that neither party would remove Victoria from California without giving the other party 30 days’ written notice.

Lee married and now uses the name Cooper. Cooper and O’Rourke continued to disagree about visitation, and in 1992, after mediation, the San Mateo County Superior Court issued a new visitation order. The order…