Ontiveros

BACKGROUND

Kimberly and David were married and had two children, one now 15 years old and the other 13 years old. The marriage was dissolved in 2009. In 2013, the family court entered an order granting Kimberly and David joint legal custody of the children, granting physical custody to Kimberly, and granting David one overnight visit on his days off and up to 12 daytime visits per month. The order directed Kimberly to encourage the visits. On June 15, 2020, Kimberly filed a request for order modifying the custody and visitation arrangement so that she would have sole legal custody of the children, David’s visitation would be reduced to six daytime visits per month, and the children would have the right to refuse any requested visits. Kimberly also sought an order directing David and the children to participate in therapy. In a supporting declaration, Kimberly stated the relationship between David and the children appeared to have broken down, the children did not want to go to his house for visits because he shouts profanities and physically punishes them, they do not feel safe or wanted there, and he has refused to cooperate in therapy. David did not file any responsive pleading…