Marriage of Kleytman and Pechonkina
Yakov Kleytman and Alena Pechonkina were divorced in 2005 and a 2008 family court order governs their custody and visitation rights regarding their daughter. Kleytman, proceeding in propria persona, appeals the denial of his motion to modify the 2008 order because of alleged changed circumstances. Kleytman contends that the court: (1) ignored the changed circumstance of an increased conflict between the parties; (2) ignored the best interest of the child; (3) violated Family Code section 3048[1]; and (4) made its order without evidentiary support. Kleytman also appeals: (1) the award, pursuant to section 271, of $2,500 in attorney’s fees to Pechonkina and (2) the court’s determination that it was not in the best interest of the child for the court to privately interview her. In addition, Kleytman requests that we sanction the Commissioner presiding in his case.
We affirm the order of the family court, with the exception of the award of attorney’s fees, because the record does not indicate that Kleytman received proper notice of a section 271 sanction for all the conduct upon which the award was based. The award of attorney’s fees is reversed, and the matter remanded for consideration of an award based on Kleytman’s conduct for which he received proper notice.
In connection with his appeal, Kleytman submitted a motion seeking expedited review and a change in the visitation schedule. Kleytman’s motion has been denied because the issue of expedited review is now moot and Kleytman’s allegations supporting his request for a change in the visitation schedule must first be heard in family court.
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