E.C. v. K.C. CA5
Mother and Father in this proceeding had a son born in June 2012 (Son). An October 2018 order regarding child custody and visitation states that the parents shall have joint physical custody under a three-night/four-night schedule. The order also sets forth a custody schedule for holidays and special occasions. Item 5.08 of the order provides that the parents and any third party shall not use any form of physical discipline (corporal punishment) when disciplining Son.
The statement of facts provided in Mother’s amended opening brief refers to the prohibition against corporal punishment and states:
“On December 25, 2020, [Father] used corporal punishment against [Son]. (1RT 20). [Son] suffered injuries and bruising from the use of corporal punishment by [Father]….
“[Father] contends that [Son’s] brother … was in [sic] the individual who caused the injuries sustained by [Son] on December 25, 2020. (2RT 318) [Mother] disputes [Father’s] contention.”
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