Orange County Social Services Agency v. Philip W.

Introduction

This is a bitter child custody case which became a juvenile dependency case on the strength of unproved allegations of child molestation. After more than a year in the juvenile dependency system, during which there was no finding of abuse, the juvenile court terminated its jurisdiction over the small child, John W., but split physical custody between both parents, requiring John to be shuttled every two weeks between northern Los Angeles County and southern Orange County. The father, Philip, the parent aggrieved by the false allegations of abuse, now appeals from that order, contending that in light of all the circumstances—particularly evidence that the mother, Michelle, coached and bribed her child into making the allegations—the juvenile court should have awarded physical custody to him. Like the child molestation allegations against the father, the allegations of coaching and bribery against the mother were never found true. Michelle also joins Philip in challenging an order precluding either party from attempting to modify its custody order in the family court until about a year had gone by.

We reverse and remand. First, the juvenile court’s order…