Chalmers

Tiela Chalmers and Michael F., 1 the biological parents of Eliana F, entered into a contract to share custody of Eliana. At the time of Eliana’s birth, Tiela was in a relationship with Lisa Hirschkop. In 2008, after Tiela and Lisa had terminated their relationship, Lisa filed a request as a stepparent pursuant to Family Code section 3101 for visitation with Eliana. 2 The court’s order on October 23, 2008, denied Lisa’s petition (the 2008 order), and found that she had failed to meet the burden of proof required to override the parents’ joint decision regarding visitation.

Subsequently, the parents further restricted Lisa’s access to Eliana and Lisa filed a motion to modify the 2008 order. She also asked the trial court to require Eliana to testify or be examined. The court denied Lisa’s request to have then 10-year-old Eliana testify and denied her motion to modify the 2008 order.

Lisa appeals the order denying her request to modify the 2008 order. She claims, among other things, that the trial court did not apply the law correctly and that the court was obligated to conduct an evidentiary hearing. She also contends that the court abused its discretion by terminating…