Ransome v. Super. Ct. CA2/6

Filed 11/6/13 Ransome v. Super. Ct. CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

STACI MICHELLE RANSOME, 2d Civil No. B249720 (Super. Ct. No. D349590) Petitioner, (Ventura County)

v.

THE SUPERIOR COURT OF VENTURA COUNTY,

Respondent;

ERIC BERZELLE RANSOME, SR.,

Real Party in Interest.

* THE COURT : The trial court found petitioner Staci Michelle Ransome (Mother) in contempt for a violation of a custody and visitation order. We annul the trial court's finding of contempt because the order is silent concerning resolution of disputes, if any, regarding supervised visitation.

* Gilbert, P. J., Yegan, J., Perren, J.

FACTS On February 5, 2013, the trial court awarded Mother sole legal and physical custody of the parties' two-year-old child. The trial court's order permitted real party in interest Eric Berzelle Ransome, Sr. (Father) one 4-hour supervised visit each week. The court's February 5 order provided that the supervised visitation could be with a professional, nonprofessional, or "[a]ny other mutually agreed-upon third party as arranged." The order also specified that "[t]he exact days and times of visitations will be coordinated through the supervisor." On March 17, 2013, Mother arrived at the agreed-upon location with the professional supervisor of her choice; Father arrived at the location with the professional supervisor of his choice. Father refused to utilize the services of Mother's supervisor and Mother refused to utilize Father's supervisor. As a result, Father did not have his visitation. Father initiated proceedings under Code of Civil Procedure section 1211.5 to hold Mother in contempt for refusing to allow him to have his supervised visitation. On June 14, 2013, the trial court found Mother in contempt for violating its February 5 order because she "failed to turn the minor child over for supervised visitation." The trial court ordered Mother to complete 40 hours of community service and placed her on formal probation for two years. Mother filed the instant petition for a writ of certiorari, challenging 1 the trial court's finding of contempt. (Code Civ. Proc., §§ 904.1, 1222; McComb v. Superior Court (1977) 68 Cal.App.3d 89, 93, fn.1 [judgment of contempt reviewable by writ of certiorari].) We granted review and stayed enforcement of the order pending resolution of this petition.