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Name: In re S.H.
Case #: B161515
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 08/14/2003
Subsequent History: None

At the disposition hearing, the trial court ordered visitation, but included a provision which allowed the children the right to refuse to visit. On appeal, mother argued that the visitation order impermissibly delegated to the children the authority to determine whether visits would occur. The appellate court here reversed the visitation order. When the court orders visitation, it must also ensure that some visitation will occur. While the juvenile court may allow the child to refuse to attend a particular visit, in no event may the child’s wishes be the sole factor in determining whether visitation takes place, either as a formal matter or by effectively giving the children veto power.