What is the test for an abuse of discretion finding against a father in a case of sexual assault?

California, United States of America


The following excerpt is from Tulare Cnty. Health & Human Servs. Agency v. Roy B. (In re Charlotte B.), F063705 (Cal. App. 2012):

To conclude there was an abuse of discretion, the proof offered must be uncontradicted and unimpeached so that discretion could be exercised only in one way, compelling a finding in favor of the appellant as a matter of law. (Roesch v. De Mota (1944) 24 Cal.2d 563, 570-571; In re I.W. (2009) 180 Cal.App.4th 1517, 1528.) Based on our review of the record, we conclude the juvenile court properly exercised its discretion in rejecting father's argument.

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