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People v. DeJongh

California Court of Appeals, Second District, Fourth Division

June 18, 2015

THE PEOPLE, Plaintiff and Respondent,
v.
JENNIFER LOPEZ DeJONGH et al., Defendants and Appellants.

Page 1125

APPEAL from a judgment of the Superior Court of Los Angeles County, No. BA332537 Robert J. Perry, Judge.

COUNSEL

The Severo Law Firm and Michael V. Severo for Defendants and Appellants.

Page 1126

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Paul M. Roadarmel, Jr., Elaine F. Tumonis and Allison H. Chung, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WILLHITE, J.

Defendants Jennifer Lopez DeJongh (Mrs. DeJongh) and her husband George DeJongh (Mr. DeJongh) were convicted in a court trial of three counts of child custody deprivation. (Pen. Code, § 278.5, subd. (a).)[1] Defendants contend that the underlying order of the family law court did not confer custody or visitation rights on the paternal grandparents and thus there was no violation of section 278.5.[2] We find that the family law court order conferred visitation rights on the parental grandparents and therefore affirm.

FACTUAL AND PROCEDURAL BACKGROUND[3]

Factual Background

Mrs. DeJongh has three minor children. The children’s father, Brian Miller, Sr. (Miller), is not a party to this case. In November 2007, Mrs. DeJongh and Miller entered into a settlement agreement in family law court, which constituted an order of the court. The order provided that they would share joint legal custody of the children and that neither would change the children’s residence from Los Angeles County “without the prior written consent of the other or prior order of court.”

The family law court order required Mrs. DeJongh to take the children to the paternal grandparents’ home on November 18, 2007 for an “extended visit.” The order stated that “[t]he express purpose of this visit will be to assist normalization with the minors and reunification with both parents.” The order provided that Miller’s visits would be supervised as arranged with a reunification counselor, although no time frame was set forth. The order specified that Mrs. DeJongh’s visits would begin on November 25, 2007, on Tuesdays, Thursdays, and Saturdays, with the reunification counselor for the first six visits. “Thereafter, her visits will be ...


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