Marriage of Gasca CA2/1
The procedural history of this case spans nearly 18 years and is recounted in detail below. In sum, although Karla M. and Augustine B. Gasca officially divorced in 2004, they have battled over custody of their children ever since. In addition to spanning the children’s entire childhood, this custody dispute has led to the intervention of several therapists as well as multiple evidentiary hearings regarding the efficacy of the current therapeutic model. On appeal, Augustine contends that the trial court erred in failing to change the current therapeutic model even though the court had reliable evidence that the therapy was not achieving the goal of reunification. Augustine also contends that the court violated his right to a fair hearing by failing to follow statutory guidelines and rules of court when interviewing the children during an evidentiary hearing, and by lifting, in only a limited fashion, the safe harbor rule regarding the family’s therapy sessions.
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