In Re Marriage of Pollard

Opinion

STEPHENS, Acting P, J.

The only issue in this appeal is the propriety of a court order, issued following a hearing on appellant’s order to show cause re modification of visitation, which required that appellant, a welfare recipient who had not been able to afford counsel for himself, pay $200 in attorney’s fees for counsel for his ex-wife. This order was entirely prospective in nature, as appellant was not required to begin payments until his income, which was $220 per month at the time the order was made, exceeded $500 per month.

Before reviewing the pertinent background facts of this case, we note that because respondent has failed to file a brief, we “may accept as true the statement of facts in the appellant’s opening brief.” Rule 17(b), California Rules of Court (1979). The following statement of the facts is adopted from appellant’s brief.

After a default hearing on October 12, 1977, an interlocutory judgment of dissolution of marriage was granted to respondent Felicia A. Pollard, petitioner in that action. The final judgment was entered on January 20, 1978. Custody of the minor child of the marriage was awarded to Felicia, and appellant in this case, respondent below, Henry, was ordered to pay $60 per month child support. No spousal support was awarded. The financial declarations of both parties revealed that each was on welfare, appellant being a student.

On January 31, 1978, appellant filed order to show cause re visitation modification in propria persona, requesting certain modifications in the manner in which he was being allowed to visit his daughter. The interlocutory judgment had reserved to appellant “reasonable” visitation rights. However, in his supportive declaration re modification, appellant stated that the necessity for requesting the modification was that “Petitioner [the child’s mother] and her mother with whom she resides will only let me see my child for one hour per month. I have to

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give petitioner’s mother definite time of my arrival. If I’m late I’m only allowed to spend the balance left within the hour given me to visit.” He also detailed other instances when he had not been allowed to give his child a Christmas gift or other things. As a modification he requested that he be allowed to visit his child once a week from 9 A.M. to 5 P.M. away from his ex-wife’s residence, among other things.