Conservatorship of Cowles CA2/8

FACTS

Idelle and Ovando were married in August 1985. Heather was born on October 21, 1986, with various developmental disabilities.2 Idelle initiated divorce proceedings in March 1993, which began what the family court termed a “child custody bloodbath” during which Idelle accused Ovando of sexually molesting Heather. A juvenile court proceeding was initiated as a result of the accusation and the matter went to trial. At the close of the plaintiff’s case, the charges of sexual abuse against Ovando were dismissed. The court noted, “the evidence . . . is not very convincing at all. It does not rise to the dignity of going forward with this case.” When juvenile dependency jurisdiction terminated, a bifurcated trial on custody and visitation issues was conducted in family court, seven years after the divorce proceedings began. The family court issued a bifurcated judgment on those issues on October 27, 2000. The judgment awarded sole legal and physical custody of Heather to Ovando. It further granted limited visitation with Idelle to once a week sessions of conjoint therapy with Heather. Idelle was otherwise restrained from coming within 100 yards of Heather or contacting her.

1 As…