MODIFIED PUBLISHED FAMILY LAW OPINION Second Appellate district affirms joint physical custody order allowing a move away to Israel. Mother’s immigrant and visa status not relevant. No abduction risk present.

News and Views Riverside Superior Court and San Bernardino Superior Court; National Family Law Abuse

http://www.courts.ca.gov/opinions/documents/B242123M.PDF

The appeal court cited  F.T. vs. L.J. (2011) 194 Cal.App.4th 1 as applying the correct legal standard under this case  and that there was no abduction risk to the child pursuant to CA family code section 3048 (b).  “No findings on all eight factors under section 3048, subdivision (b)(1) were  required given the trial court’s finding that there were no facts indicating a risk of abduction.

The appealed order was from a denied motion to set aside a statement of decision.  The statement of decision allowed the move away of the child to Israel after a custody trial. The mother’s visa was set to expire at the end of the custody matter.

The case has enormous relevance for anyone whose immigrant status has been used as the basis of a custody decision as CA family code 3040 (b) specifically cites that the immigrant status of a parent shall not disqualify…

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