What is the test for a claim that the court's restraining and custody orders were not supported by sufficient evidence?

California, United States of America


The following excerpt is from Gary M. v. Crystal S., B301773 (Cal. App. 2020):

Mother also contends "that if she had actually been 'heard[,'] the merits of her case would have prevailed." To the extent this statement is intended to suggest that sufficient evidence did not support the August 1, 2019 orders, this argument is not fully developed and, therefore, is waived. (See Nelson v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [" 'When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived' "].)

Further, because Mother failed to provide an adequate appellate record that includes, for example, the reporter's transcript of the evidentiary hearing or Father's or Son's filings relating to the restraining and custody/visitation orders, we conclude Mother has defaulted as to any argument that the family law court's orders were not supported by sufficient evidence. (Jameson v. Desta, supra, 5 Cal.5th at pp. 608-609.)

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