Marriage of Barnes CA5
Appellant Donte Barnes (Donte) appeals from a protective child-custody order granted in favor of respondent Lisa Barnes (Lisa). Although Lisa and the minor children had only been in California a short time, the trial court granted sole physical custody of the children to Lisa and issued a restraining order against Donte pursuant to the court’s temporary emergency jurisdiction under Family Code section 3424. Section 3424, subdivision (a), provides that “[a] court of this state has temporary emergency jurisdiction if … necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to, or threatened with, mistreatment or abuse.” In his appeal, Donte claims the trial court erred in exercising emergency jurisdiction because, allegedly, there was insufficient evidence to show that Lisa or the children were ever abused, threatened or mistreated by him.
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