Ross

Ross v. Kelley

Good Law
114 Cal. App. 4th 130·7 Cal. Rptr. 3d 287
Court of Appeal of CaliforniaDecember 10, 2003No. D041602California2,054 words

Opinion

lead Opinion

Nares, J.

In this grandparent visitation case, appellants James and Sharon Duckham (together the Duckhams) are the paternal grandparents of Cassandra, a minor, who lives with her father, Russell Ross (Father). After they joined Father’s paternity action as third party claimants, the court issued an order granting the Duckhams liberal visitation with Cassandra under a stipulation they entered into with Father and Cassandra’s mother, Rebecca Kelley (Mother).

At a later hearing on an order to show cause (OSC) to modify Mother’s visitation rights, issued at Father’s request, the court decided sua sponte that under recent case law rendered by the United States Supreme Court and this appellate court, it no longer had power to order grandparent visitation. The *132 court terminated the Duckhams’ visitation with Cassandra without giving the parties an opportunity to brief the issue. Father and the Duckhams jointly filed a motion for reconsideration of the court’s order terminating the Duckhams’ visitation. The court denied the motion.

The Duckhams appeal from both the order terminating their visitation with Cassandra and the order denying their motion for reconsideration. They contend…

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