Butler v. Harris

CHIN, J., Concurring and Dissenting.

I concur in the majority’s conclusion

that under the circumstances of this case, Family Code section 31041 governs the request of respondents Leanne Harris and Charles Harris, Jr. (Grandparents) for visitation with their granddaughter Emily.

However, I disagree with the majority’s unprecedented and troubling conclusion that if a noncustodial parent supports a grandparent’s visitation request, a visitation order like the one at issue here—which required a six-year-old child to fly unaccompanied to another state and effectively transferred her custody to a…