What is the applicable standard of review for abuse of discretion in an appeal against a visitation limitation?
California, United States of America
The following excerpt is from Persons Coming Under the Juvenile Court Law. San Bernardino Cnty. Children v. W.S. (In re A.P.), E064299 (Cal. App. 2016):
We therefore conclude that the applicable standard of review is abuse of discretion. The mother's counsel forfeited any claim that the visitation limitation was an abuse of discretion by failing to raise it below. (Cf. People v. Scott (1994) 9 Cal.4th 331, 356 [in criminal case, "complaints about the manner in which the trial court exercises its sentencing discretion . . . cannot be raised for the first time on appeal.") The mother has doubly forfeited a claim of abuse of discretion by failing to raise it in this appeal. Her only claim is that there was insufficient evidence that more frequent visitation would have been detrimental. Because evidence of detriment was not required, we reject this contention.
The order appealed from is affirmed.
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