In re F.C.
Filed 2/21/07 In re F.C. CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
In re F.C. et al., Minors. | |
L.F., Petitioner and Respondent, v. FREDDIE C., JR., Objector and Appellant. | F050168 (Super. Ct. No. S-1501-AT-2291) OPINION |
APPEAL from a judgment of the Superior Court of Kern County. H. A. Staley, Judge.
Janet G. Sherwood, under appointment by the Court of Appeal, for Objector and Appellant.
Ira L. Stoker for Petitioner and Respondent.
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STATEMENT OF THE CASE
On September 27, 2005, L.F. (mother) filed a petition in Kern County Superior Court to declare her minor children, F.C. and R.C., free from Freddie C., Jr.'s (father) parental custody and control (Fam. Code, §§ 7822, 7825).
On November 9, 2005, mother filed a citation advising father to appear and show cause on November 18, 2005, why the minors should not be freed from his custody and control.
On November 18, 2005, father, the citee, did not appear and the court continued the hearing date to December 16, 2005, at the request of mother's counsel.
On December 14, 2005, the investigating officer, Kristi E. Embry (investigating officer or Mediator Embry), filed a report with the court and recommended the petition be granted.
On December 16, 2005, the court was advised that father was in custody on criminal charges and the court continued the matter to January 6, 2006.
On January 6, 2006, father appeared in open court, objected to the petition, and the court appointed counsel on his behalf.
On February 10, 2006, the court conducted a contested hearing on the petition and took the matter under submission.
On February 14, 2006, the court filed a minute order freeing minors from the custody and control of father.
On April 4, 2006, the court filed a formal order declaring minors free from father's parental custody and control.
On April 6, 2006, father filed a timely notice of appeal.[1]
STATEMENT OF FACTS
Appellant father and respondent mother, were married from 2002 through 2004 and had two children, F.C. and R.C. The couple lived together with the children until mother left father because of his drug habit, physical abuse, and failure to help with the children or their financial needs.[2] Mother filed for divorce and a marital dissolution took place in June 2004. Mother told the investigating officer that the judgment of dissolution granted father reasonable visitation with the minor children, i.e., every other weekend. According to mother, father last saw the children in July 2004. Prior to that time, her parents would take the children to a park to visit with father. Mother told the investigating officer that father would not follow through with a visit if he believed mother was going to be absent. In other words, he would attend a visitation if mother was going to be present and not show up for a visitation if mother was going to be absent. Father claimed he had missed only one visit and that occurred about two weeks before R.C.'s first birthday.
On July 19, 2004, mother obtained a restraining order against father. She alleged in her petition:
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