Marriage of B.K. and L.S. CA4/1


Filed 4/16/21 Marriage of B.K. and L.S. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA In re the Marriage of B.K. and L.S. D077408 B.K., Appellant, (Super. Ct. No. 17FL000940C) v. L.S., Respondent. APPEAL from an order of the Superior Court of San Diego County, Lisa R. Rodriguez, Judge. Affirmed in part and remanded in part with directions. Rosemary Meagher-Leonard for Appellant. Bickford Blado & Botros and Andrew J. Botros for Respondent. B.K. (Father) appeals from a family court order granting the request of L.S. (Mother), a Hungarian native, to move to Hungary with the parties’ two minor children, J.K. and K.K.1 The children, who are dual citizens of the United States and Hungary, were nine and seven years old at the time of the order. The court awarded Father with visitation rights and imposed conditions, known as “Condon2 conditions,” to ensure enforcement of the child custody order once Mother moves to Hungary with the children. Father argues the court abused its discretion in allowing the international move because, according to Father, the court misapplied the relevant law on move-away requests and its findings are not supported by substantial evidence. Father also argues the court failed to impose adequate Condon conditions to protect his visitation rights with the children once they relocate, including by failing to require that Mother post a cash bond and file a stipulation in Hungary conceding to U.S. jurisdiction. Mother argues a bond was not required but she has no objection to a modified order requiring her to forfeit some child support to ensure enforcement of the court’s orders. Because some type of alternative financial sanction is typically imposed in international relocation cases and Mother has no objection to such an order here, we remand the cause to the family court to modify its order requiring Mother to forfeit some child support as an enforcement mechanism. In other respects, finding no abuse in permitting the children to move with Mother to Hungary, we affirm. 1 Pursuant to the California Rules of Court, rule 8.90, governing “Privacy in opinions,” we refer to the parties and children by first and last initials only. 2 In re Marriage of Condon (1998) 62 Cal.App.4th 533 (Condon). 2 FACTUAL AND PROCEDURAL BACKGROUND Mother immigrated from Hungary to the United States when she was thirty-nine years old. Soon after she arrived, she married Father in November 2009. In July 2010, their daughter J.K. was born in Florida. When J.K. was three months old, the young family moved to San Diego, California because of Father’s work. In December 2012, their son K.K. was born in San Diego. Before their eighth wedding anniversary, Mother and Father separated and, …

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