K.D. v.Super. Ct. CA2/1

Filed 12/11/13 K.D. v.Super. Ct. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

K.D., B249640

Petitioner, (Los Angeles County Super. Ct. No. CK97263) v.

THE SUPERIOR COURT OF LOS ANGELES COUNTY,

Respondent;

L.D.,

Real Party in Interest.

ORIGINAL PROCEEDING; petition for extraordinary writ. Marguerite D. Downing, Judge. Petition granted. K.D., in pro. per., for Petitioner. No appearance for Respondent. L.D., in pro. per, for Real Party in Interest.

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In her petition for extraordinary writ, pro. per. K.D. (Mother) challenges a June 26, 2013 order of the juvenile court (Hon. Marguerite D. Downing) granting L.D.’s (Father) vacation request for minors Km.D. and S.D. to visit a paternal aunt in Senegal for two months. We grant the petition because the juvenile court abused its discretion in granting Father’s walk-on vacation request because it appears that Mother did not receive notice of the June 26, 2013 walk-on request, was not in attendance at the hearing, and her counsel was not given an opportunity to contact her. BACKGROUND

H.D. is 11 years old, Km.D. is 9 years old, S.D. is 8 years old, Is.D. is 4 years old, and Il.D. is 3 years old. Mother and Father are going through an acrimonious divorce. Since September 2012, Father has not resided in the home. The family currently has an open case with the Family Law Court. On January 9, 2013, the Department of Children and Family Services (DCFS) filed a Welfare and Institutions Code1 section 300, subdivisions (a), (b) and (j) petition which alleged that on January 2, 2013, Father physically abused H.D. by striking the child’s body with a metal stick and belt, inflicting multiple linear/loop marks and bruises to the child’s buttocks and legs. The petition further alleged that on prior occasions in 2012, Father physically abused Km.D. by striking the child’s body with belts, metal sticks and his hands. At the detention hearing, the children were released to Mother. Father was granted monitored visitation. On January 28, 2013, the juvenile court issued a stay-away order indicating that Father must stay away from Mother and the family home.