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Name: In re C.C.
Case #: B208675
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 04/13/2009
Summary

Visitation was improperly suspended where there was no showing that it would pose a threat to the safety of the minor. Mother appealed from an order denying her visitation and conjoint therapy with her 12-year-old son. The order was based on the age of the minor, who expressed his unwillingness to visit, and the minor’s doctor’s testimony that she was concerned visits with mother would undermine the minor’s progress. While the appeal was pending, the order became moot when the court restored visitation through a family law exit order. However, because the court’s visitation order was not made in accordance with the proper standard, it was reversed without a remand. The juvenile court’s order denying visitation was not supported by the necessary finding that visitation would jeopardize the minor’s safety. It was based on a finding that further visitation would be detrimental, which is not the correct standard.