Jorge Chen v. Sarah Chen

Santa Cruz, California family law lawyers represented the parties in a divorce.



Jorge Chen (Father) appeals the trial court's order granting Sarah Chen's (Mother) request to move with their child to Minnesota. He contends the trial court erred by failing to exclude the custody evaluator's testimony and report because the evaluation was not executed in compliance with required legal standards under the Family Code, Evidence Code, and California Rules of Court. Specifically, he argues the evaluation was conducted without the necessary identification of its purpose and scope; the written procedures governing the evaluation were not defined, which allowed the evaluator's report to improperly consider and weigh hearsay; and the evaluator refused to provide her case file to Father or his counsel prior to the evidentiary hearing, prejudicing Father's ability to refute the expert's opinion. He asserts the cumulative procedural errors compel reversal of the trial court's custody order under In re Marriage of Seagondollar (2006) 139 Cal.App.4th 1116 (Seagondollar). He also contends the trial court abused its discretion when assessing the factors which must be considered when a parent requests a custody order to move away with the child under In re Marriage of LaMusga (2004) 32 Cal.4th 1072 (LaMusga).



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Legal issue Can a parent be granted permission to relocate with a child out of state after a custody evaluation allegedly conducted with procedural errors?



Key Phrases Child custody evaluation. Move-away request. Hearsay evidence. Best interest of the child. Deferential abuse of discretion.

Affirmed