DeJongh

Defendants Jennifer Lopez DeJongh (Mrs.- DeJongh) and her husband, George DeJongh (Mr. DeJongh), were convicted in a court trial of three counts of child custody deprivation. (Pen. Code, § 278.5, subd. (a).) Defendants contend that the underlying order of the family law court did not confer custody or visitation rights on the paternal grandparents and thus there was no violation of section 278.5. We find that the family law court order conferred visitation rights on the parental grandparents and therefore affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Factual Background

Mrs. DeJongh has three minor children. The children’s father, Brian Miller, Sr. (Miller), is not a party to this case. In November 2007, Mrs. DeJongh and Miller entered into a settlement agreement in family law court, which constituted an order of the court. The order provided that they would share joint legal custody of the children and that neither would change the children’s residence from Los Angeles County “without the prior written consent of the other or prior order of court.”

The family law court order required Mrs. DeJongh to take the children to the paternal grandparents’ home on November 18,…