What is the consequence of a parent's failure to object to a visitation order in the juvenile court?

California, United States of America


The following excerpt is from G.M v. M.G., C081457, C082077 (Cal. App. 2017):

Mother acknowledges she did not object to the visitation orders in the juvenile court. Ordinarily, such a failure forfeits the claim on appeal. (In re S.B. (2004) 32 Cal.4th 1287, 1293.) "But, application of the forfeiture rule is not automatic." (Ibid.) An issue may be raised on appeal if " 'it raises only a question of law and can be decided based on undisputed facts.' [Citations.]" (In re V.F. (2007) 157 Cal.App.4th 962, 968.) In addition, application of the forfeiture rule requires that the party had a meaningful opportunity to object in the trial court to the court's discretionary choice. That meaningful opportunity can only occur if the parties are clearly apprised of the choice the court intends to make and the reasons supporting that choice. (See People v. Scott (1994) 9 Cal.4th 331, 356.)

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