Marriage of Lin CA4/3

FACTS & PROCEDURE

Augustin and Gina were married in 1998. The dissolution judgment entered in January 2011 awarded them joint legal and physical custody of their three minor children: daughters C. (then age nine) and Ca. (then age seven); and son Connor (then age four). Augustin had custody of the children every week from Tuesday after school until Thursday morning and alternate weekends (beginning Friday after school and ending with the custodial parent dropping the children off at school Monday mornings), with holidays and school breaks being divided between the parents. In February 2012, Gina applied for and obtained a three-year domestic violence restraining order against Augustin protecting Gina, her fiancé, and his mother, due to confrontations taking place during custody exchanges. Gina was awarded sole legal custody of the children, but Augustin and Gina continued to share physical custody. In March 2012, Gina filed an OSC to modify custody and visitation, which was repeatedly continued. The trial court appointed Dr. Russell Johnson to be the custody evaluator. On June 5, 2013, Gina applied ex parte for a second domestic violence restraining order on behalf of the…