Christina L. v. Chauncey B. CA1/4

Christina L. (Mother) appeals an order granting to her and respondent Chauncey B. (Father) joint legal and physical custody of their son, O.L., and daughter, A.L. She contends the trial court improperly modified an earlier custody determination (under which she had sole legal and physical custody of the children) without finding a significant change in circumstances, and that the trial court erroneously failed to consider the effect of a domestic violence restraining order against Father. We shall reverse the order and remand the matter to the trial court for further proceedings.

I. BACKGROUND

The two children were bom in 2000 and 2002. It appears that Mother and Father’s relationship was marred by domestic violence on Father’s part, and by 2004, they were no longer living together.

Mother obtained a temporary restraining order against Father in 2004, based on her assertions that he committed abuse, including pulling her hair and squeezing her hand so hard as she held car keys that her hand bled, bending the car keys, and that he grabbed the steering wheel of the car in which she was driving with the children, threw her, punched her, strangled her, and kicked and…