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Perlman v. Perlman

The trial court did not abuse its discretion in denying the father's petition for family violence protective orders on behalf of his two minor daughters, as he did not show by a preponderance of the evidence that the alleged acts of the mother fell outside the bounds of permissible, reasonable discipline.

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Scott Perlman the father appeals from two judgments: one dismissing the ex parte temporary family violence protective orders that he had obtained on behalf of his two minor daughters against their mother, Rachel Perlman the mother; and the other dismissing his petition for change in the girls’ custody to him. As to the family violence orders, we find that the trial court was authorized to disbelieve the evidence elicited by the father and therefore to dismiss the ex parte family violence protective orders; and those ex parte orders have, in any event, long since expired as a matter of law. And we find that the trial court did not err in refusing to admit certain photographs into evidence at the hearing on the protective orders. As to the change-in-custody petition, we lack jurisdiction because the father did not file a timely appeal. Accordingly, we affirm the judgment on the protective orders and dismiss the appeal of the judgment on the change-in-custody petition.

1. Proceedings below.

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