Marriage of Mickle
Filed 5/23/06 Marriage of Mickle CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Yuba)
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In re the Marriage of CYNTHIA | |
CYNTHIA MICKLE, Appellant, v. JONATHAN MICKLE, Respondent. | C049088 (Super. Ct. No. CV FL 980063912) |
Cynthia Mickle appeals from an order denying her petition to restrict her former husband Jonathan Mickle's visitation with their eight-year-old daughter, Z., based on molestation charges that had been litigated adversely to her in a prior proceeding. She claims the trial court abused its discretion in refusing to allow the minor child to testify, and in finding her molestation allegations to be unfounded. We shall reject her arguments and affirm the order. We shall also impose sanctions against Cynthia[1] and her attorney for filing a frivolous appeal. (Cal. Rules of Court, rule 27(e)(1)(a)).
FACTUAL AND PROCEDURAL BACKGROUND
Cynthia and Jonathan were formerly married and had one child, Z., who was born in 1996. Their Yuba County dissolution decree granted the parties joint custody of Z., with reasonable visitation to Jonathan.
Procedural Background
In September 2002, Cynthia brought a motion to restrict Jonathan's visitation based on her allegations and a report by Sacramento County Child Protective Services (CPS) that Jonathan had molested Z. A hearing was held in January 2003, during which the CPS investigator assigned to the case testified that â€
