Winternitz

Winternitz v. Winternitz

Good Law
Court of Appeal of CaliforniaMarch 27, 2015D065131California5,458 words

Opinion

Opinion

Mcintyre, J.

Filed 2/27/15; pub. order 3/27/15 (see end of opn.)

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

TAMI L. WINTERNITZ, D065131

Appellant,

v. (Super. Ct. No. D536848)

WILLIAM W. WINTERNITZ, JR.,

Respondent.

APPEAL from orders of the Superior Court of San Diego County,

William McAdam, Jr. and Christine K. Goldsmith, Judges. (Retired judges of the

San Diego Sup. Ct.) Affirmed.

Kim M. Robinson, Barbara A. Kauffman and Jennifer A. Hilton for

Appellant.

Edward Stephen Temko and Dennis Geis Temko for Respondent.

Tami Winternitz (Mother) appeals the denial of her move away request

involving her daughter Jamison (born 2001) with ex-husband Dr. William

Winternitz (Father). She asserts the custody evaluator failed to comply with California Rules of Court, rule 5.220 and it was legal error for the family court to

deny her motion to strike the evaluator's defective report. (All rule references are

to the California Rules of Court.) She also claims the family court did not apply

the correct legal standard in assessing her relocation request, including (1) failing

to…

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