Lief
Lief v. Superior Court of San Diego Cnty.
Opinion
Lead Opinion
Irion, J.
*869 Petitioner Yaron Lief challenges by petition for writ of mandate an ex parte order of respondent San Diego County Superior Court (the family court) purporting to allow real party in interest Pnina Nissan to *53 move with their minor child to Israel before expiration of the 30-day statutory stay of the judgment allowing removal of the child from California. (Code Civ. Proc., § 917.7.) We grant the petition.
BACKGROUND
Lief and Nissan met in Israel in 2010. Nissan moved to San Diego and married Lief in 2011. They had a son in 2014. Lief filed a marital dissolution *870 action against Nissan in 2017. The family court bifurcated the issue of custody and visitation, held a trial on Nissan's request to move with the child to Israel, and tentatively granted the request on August 10, 2018. Upon Lief's motion for reconsideration, the family court reopened the hearing to consider additional evidence and argument. The court ultimately entered a judgment granting Nissan's move-away request on November 7, 2018.
After receiving notice from Nissan that she intended to depart for Israel with the child on November 22, 2018, Lief filed an ex parte application with the family court for an…