H.L.

Jaime G. v. H.L.

Good Law
236 Cal. Rptr. 3d 209·25 Cal. App. 5th 794
Court of Appeal of CaliforniaJuly 31, 2018B280569California5,532 words

Opinion

lead Opinion

Wiley, J.

*796 A mother appeals from a child custody order. The family court ruled Father was a domestic abuser but then awarded child custody jointly to Father and Mother, with Father getting most of the visitation time. A statute applies to this situation. The Legislature passed this statute to move courts to give heavier weight to the existence of domestic violence. The statute requires family courts to make specific findings, in writing or on the record, about seven factors, including whether the perpetrator has successfully completed a batterer's treatment program. The trial court was in the midst of stating its reasons on the record when the conduct of counsel terminated the hearing. Courts possess full authority to maintain orderly control of hearings. When oral statements on the record cannot be completed, however, the statute requires the trial court to "state its reasons in writing...." ( *211 Family Code Section 3011, subd., (e)(1).) (All statutory citations are to the Family Code.) We reverse and remand for the family court to hold a new hearing that complies with this statutory requirement about specific findings on each of the seven statutory factors.

FACTUAL AND PROCEDURAL…

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