Louden v. Olpin

[567]

Opinion

KINGSLEY, Acting P. J.

Plaintiff appeals from a judgment (order of dismissal) and from a subsequent order. We affirm the judgment and the order.

Appellant, Kimberly Anne, by and through her mother as guardian ad litem, brought this action alleging that respondent (her father) has a duty to visit his child and has failed to do so. Respondent is the adjudicated father of appellant and has furnished monetary support to her since a paternity action was completed. Appellant’s mother and father have never been married and appellant resides with her mother.

In the present action, the court, on its own motion and without notice, ordered the file in this action sealed.

The issues on appeal are whether a child can compel her noncustodial parent to visit with her and whether the judge lacked jurisdiction to designate the file confidential.

I

Appellant bases her argument that she can compel respondent to visit her on Civil Code section 7000 et seq., (the Uniform Parentage Act). This act governs the parent-child relationships and the rights and duties flowing from the relationship including visitation rights. Section 7006 provides for the establishment of the parent-child custody relationship and section 7010 provides that the judgment may include “.. . . any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody and guardianship of the child, visitation privileges with the child. . .. ” Nowhere in the Uniform Parentage Act does it state that the child has the right to compel visitation privileges. The act has been interpreted to mean that the father can seek and obtain visitation rights with his child regardless of the marital status of the parents. Appellant relies on

Griffith

v.

Gibson

(1977) 73 Cal.App.3d 465 [142 Cal.Rptr. 176] in which the court stated (at p. 471): “We therefore conclude the Uniform Parentage Act, section 7006 and 7010, in clear and unmistakable language, grants a right to the father here to bring an action to establish the child-parent relationship . ... ”