In re cherished of VICTORIA and ANDREW D HARTMANN. VICTORIA HARTMANN, Appellant, t. PETER HARTMANN,
COURT OF NATURAL GLORY CALIFORNIA, SECOND APPELLATE AREA,
June 23, 2010, Filed
Husband opposed the plan because he seriously considered in his daughter's world daily. In addition, Husband believed his daughter acquired behavioral problems during her previous attendance while watching school and needed more supervision. He therefore requested the young woman attend a local public program. By order of July 15, 2007, the trial court determined your parties have equal physical custodianship on alternating weeks. Legal court also ordered that the oldest daughter attend a local public high show. On September 7, 2007, Wife filed an ex parte application becoming a order permitting the oldest daughter to go to a local private school. Legal court denied the motion. Over it September 24, 2007, Husband removed out an order restraining Spouse from, among other options, "interfering with Husband's custodial epoch. " The trial court granted Husband's get the restraining order. Involved with April 2008, Husband filed a purchase order to show cause by contempt. Husband claimed Wife continued to affect his custody, including refusal inform him where his most well-known daughter was, and still spoke to our children about attending skate boarding schools. On August 26, 2008, Wife filed a motion to release the contempt citation on to the ground the restraining order was void when it was uncertain and unclear. In March 2009, Friend filed another motion to try vacate the October 25, 2007, restraining order in the grounds.
Issue:
- Whether a restraining order is vague and ambiguous?
The Court held that the order here does not prohibit Wife from communicating with everyone but her attorney about everything regarding Husband. It only prohibits speech that disturbs the custody order. In divorce cases cases, courts have the opportunity to restrict speech to promote the welfare of ones own children. Thus courts routinely order associated with not to make disparaging comments in direction of other parent to youngsters or in their youngsters presence. If a court do not order the parties a lot of interfere with a legal care order, such orders gets meaningless. Unfortunately, Wife's conduct gave the trial judge?cause to have it conspicuously tautological and definitely pedagogical. Let there be indeed, Wife must stop disturbing the custody order.
Disclaimer:
These summaries will come in by the SRIS Debt owed Group. They represent the firm's unofficial views of Justices' opinions. The original opinions requires to be consulted for their stronger content.
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