What is the test for appellate review of custody and visitation orders?

California, United States of America


The following excerpt is from Funk v. Harris (In re Harris), G047229 (Cal. App. 2014):

The challenged order, while lengthy and complicated, is limited to addressing custody and visitation rights. Trial courts have broad discretion to make such orders and our review is constrained by well-settled law. "The standard of appellate review of custody and visitation orders is the deferential abuse of discretion test. [Citation.] The precise measure is whether the trial court could have reasonably concluded that the order in question advanced the 'best interest' of the child." (In re Marriage of Burgess (1996) 13 Cal.4th 25, 32.) "Generally, a trial court abuses its discretion if there is no reasonable basis on which the court could conclude its decision advanced the best interests of the child." (Chalmers v. Hirschkop (2013) 213 Cal.App.4th 289, 299.) Significantly, "[w]e are required to uphold the ruling if it is correct on any basis, regardless of whether such basis was actually invoked." (In re Marriage of Burges, supra, 13 Cal.4th at p. 32.)

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