I would not sign for my wife to obtain passports or to travel with our minor children outside the US so she filed an RFO for modification of custody. I objected to her request to be given sole legal custody and to apply for and obtain new or replacement passports for our minor children without my written consent. I explained in my responsive declaration that she is mentally ill, has been suicidal, takes psychoactive medication, has physically assaulted me on several occasions, and is a flight risk. She is an extremely hostile aggressive parent.
The court's orders from that hearing are: The court orders the parties to reasonably cooperate to fill out any necessary forms for the renewal of the passports of the children within 10 days. The court orders that Respondent shall hold the passports once they are renewed. When notice is given by Petitioner via talkingparents.com of plans to travel internationally, Respondent shall give Petitioner the children's passports within 48 hours of that notice. Petitioner shall return the passports to Respondent as soon as the children return from any international travel. The parties shall each be equally responsible for one-half of the cost to renew the children's passports.
I have appealed and now have to submit a Civil Case Information Statement. What I am reading is that appeals have successfully reversed and remanded a family courtís custody modification because the family court made inadequate factual findings to justify a substantial change of circumstances. May 30, 2012 opinion in Tillman v. Oakes.
My question is should I check the appealability box:
An order or judgment under Code Civ. Proc., sect 904.1(a)(3)-(13) or
Other; Order with insufficient evidence per California Code Sect 354
Or something else?