Marriage of J. & O. CA2/1

Filed 5/19/16 Marriage of J. & O. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re the Marriage of DENISE J. and A.O. B263999 __________________________________ (Los Angeles County DENISE J., Super. Ct. No. BD578499)

Plaintiff and Respondent,

v.

A.O.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County. Patrick A. Cathcart, Judge. Affirmed. A.O., in pro per., for Defendant and Appellant. PROTOTYPES and Amanda Jancu for Plaintiff and Respondent.

___________________________________

A.O. (Father) appeals from an order granting Denise J. (Mother) sole legal and joint physical custody of their children, M.J. (Daughter), now age 7, and M.J. (Son), now age 5 (collectively Children), and a domestic violence restraining order in favor of Mother against Father. Father argues, in part, that substantial evidence did not support the orders, but his failure to provide a reporter’s transcript or a settled statement on appeal defeats these claims. We affirm. BACKGROUND Mother and Father married in October 2008 but separated shortly thereafter in March 2009. Daughter was born a month after their separation in April 2009. Son was born in October 2010. Mother filed for divorce in 2013. In February 2013, the court granted Mother a temporary restraining order (TRO) against Father, but less than a month later dissolved it and denied her request for a more permanent one. In May 2013, after Mother and Father attended conciliation court, the court modified its custody order, granting Mother and Father joint legal custody and approving a new visitation schedule.1 In the months that followed, Father accused Mother of failing to comply with the visitation agreement by arriving late to, or not at all for, numerous visits. In June 2014, after both parents filed for modification of the visitation and custody orders, the court granted Mother more visitation. In August 2014, although Father had again accused Mother of failing to comply with the orders and threatening him, the court denied Father’s ex parte request for further modification. On February 27, 2015, the court issued Mother and Children another TRO against Father, temporarily granted Mother sole legal and physical custody, and ordered mediation. That same day, Mother again filed for a more permanent restraining order. In March 2015, Father filed for sole custody and more visitation. On March 19, 2015, the court held a hearing during which both Mother and Father testified and each called an additional witness; the court also admitted several exhibits into evidence. The court