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Name: In re A.C.
Case #: B226481
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 07/20/2011
Summary

Oral visitation order is presumed to be more accurate than written order, and did not impermissibly delegate authority to determine visitation. At a disposition hearing, the court ordered sole legal and physical custody to the father with the parents to agree on a monitor to monitor visitation with mother. The written order reflected that the order was custody to father with the parents to determine supervised visitation for mother. Mother appealed, arguing that the court improperly delegated the visitation issue in its exit order. The appellate court found that where, as here, there is a conflict between the oral and written orders, the reporter’s transcript is presumed to be more accurate. The court’s oral order here was not an impermissible delegation of authority to determine whether visitation would occur. The case was remanded for correction of the written exit order.