Babakhyi v. Babakhyi CA2/7

Filed 4/17/13 Babakhyi v. Babakhyi CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

MARCEL BABAKHYI, B236721

Petitioner and Appellant, (Los Angeles County Super. Ct. No. SD023641) v.

IBTISSAM BABAKHYI,

Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, Elia Weinbach, Judge. Affirmed.

Marcel M. Babakhyi, in pro per, for Appellant.

No appearance for Respondent.

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Appellant Marcel Babakhyi (Husband) was married to Ibtissam Babkhyi (Wife). They have two children Deen (born 2001) and Leela (born 2004). Husband filed a petition for dissolution on February 23, 2006. The court awarded joint legal custody to both parents but awarded Wife primary custody of the children. A judgment of dissolution was entered on August 12, 2009. Husband filed a notice of appeal from both the judgment of dissolution and the court’s October 4, 2011 order denying his application for order to show cause for modification of custody and visitation. FACTUAL & PROCEDURAL BACKGROUND On April 18, 2008, following a trial, the court awarded Wife 60 percent custodial time. Husband was awarded custody during the school year on alternating weekends and from Wednesdays after school until Thursday mornings. Husband was ordered to pay child support and spousal support. In April 2009, Wife filed a request to move to Morocco with the children. After a hearing on April 23, 2009, the court found that Husband did not meet his burden to show that the move would be detrimental to the children and it granted Wife’s request. The order was not entered until August 12, 2009, the same day the judgment of dissolution was entered. In November 2009, the court ordered that due to Husband’s disability, any arrearages of child or spousal support be waived and canceled, and prior orders of spousal and custody support be reduced. In February 2010, after an ex parte request by Husband, the superior court entered an order informing the Court of Appeals in Marrakech, Morocco, of the judgment of dissolution entered in this case which was still in full force and effect. On August 13, 2010, Husband filed an ex parte application for an order of contempt against Wife and an order granting him full legal and physical custody of the children. After a hearing was held, the court granted Husband’s request for a child abduction prevention order. Wife did not oppose this request, and the court issued an