C.T. v. K.W. CA1/4

Filed 12/13/24 C.T. v. K.W. CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

C.T., Plaintiff and Respondent, A170819

v. (San Francisco City & K.W., County Super. Ct. No. FDV-19- Defendant and 814465) Appellant.

Defendant K.W. purports to appeal from a family court move-away order granting C.T.’s request that the court affirm C.T.’s ability to relocate to Denmark with the parties’ child. Because the order is not appealable, we dismiss K.W.’s appeal. BACKGROUND On April 9, 2024, C.T. moved ex parte for an order shortening time (OST) on a request for an order affirming that he could relocate with the parties’ child to Denmark.1 At the time,

1 C.T. expressed his request as one for an order affirming

his right to relocate with the parties’ child. “ ‘The question for the trial court [however, was] not whether the parent may be permitted to move; the question [was] what arrangement for

1

C.T. had maintained temporary sole legal and physical custody of the parties’ child for five years. C.T. stated that he had been unemployed for at least six months, and he had received a job offer in Denmark with a starting date of May 6, 2024. The court granted the OST, issued a briefing schedule, and set a mediation session and short-cause hearing for April 25, 2024. The court heard argument on April 25, 2024, including K.W.’s argument that the court should set a hearing under Family Code section 217, and the court took the matter under submission. On April 29, 2024, K.W. filed a VL-110 seeking to file, “FL-300 Req. for Order: Joint legal custody, rebut 3044, 20% parenting time, Family Code 3025, there is no final custody order, thus an evidentiary hearing must precede before move- away.” She did not seek sole or joint physical custody of the parties’ child. The trial court granted C.T.’s request regarding the move to Denmark and issued a written order on May 2, 2024, which it amended on May 9, 2024 to correct a typo (move-away order). In the move-away order, the court recited that there had been no final custody order in this matter. The court also recited that, prior to C.T.’s request to relocate, K.W. had not sought to rebut the Family Code section 3044 presumption that applied because of the domestic violence restraining order issued against K.W. The court granted C.T.’s relocation request utilizing the best