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Miles v. Gernstein
Oral surrogate agreement between neighbors was enforceable when facts supported that surrogate had intended to provide the child without staking parental claim.
Family Law 3DCA Apr. 1, 2025
C.T. v. Superior Court (K.W.)
Although neither child nor child's parents still resided in California, trial court that had rendered temporary custody determination retained continuing and exclusive jurisdiction over such matters until fully adjudicated.
Family Law 1DCA/4 Mar. 24, 2025
K.T. v. E.S.
Good cause existed to extend domestic violence restraining order to include children as protected parties where evidence showed the enjoined party had abused the requesting party in the children's presence.
Family Law 2DCA/8 Mar. 25, 2025
In re M.V.
Juvenile court did not abuse its discretion when it terminated parental rights despite court-appointed parental bonding expert's opinion against termination.
Family Law 2DCA/8 Mar. 11, 2025
Pateras v. Armenta
Payments father received from Indian tribe's general welfare program constituted income that, while not taxable, could be considered to calculate child support.
Family Law, Native American Affairs 2DCA/6 Mar. 3, 2025
Navarro v. Cervera
Domestic violence restraining order petitioner seeking to renew restraining order had a reasonable fear of future abuse where her former partner had attempted a murder-suicide and violated a prior restraining order.
Family Law 1DCA/3 Jan. 24, 2025
Mamer v. Weingarten
Family Code Section 7637 authorized a court to direct a parent to pay in vitro fertilization costs as part of "reasonable expenses of the mother's pregnancy" in its discretion.
Family Law 4DCA/1 Jan. 21, 2025
Marriage of Goldman
Laches defense is available in Family Code proceedings not attempting to enforce a support judgment, but prejudice is still a required showing for a successful defense.
Family Law 4DCA/1 Jan. 14, 2025
In re Z.H.
The termination of parental rights for abandonment is determined based on the applicable parent's conduct rather than the legality of the proposed adoption.
Family Law 2DCA/3 Jan. 3, 2025
In re P.S.
It was not categorically premature for a parent who was receiving reunification services to request the appointment of an expert to perform a bonding study during the reunification phase.
Family Law 1DCA/2 Dec. 20, 2024
C.C. v. L.B.
Sperm donor lacked standing to seek presumed parent status under Family Code Section 7611 because he knowingly consented to terminating his parental rights.
Family Law 2DCA/6 Nov. 27, 2024
Modification: Mercado v. Superior Court (Wolf)
Granting vocational evaluations orders requires a showing that the evaluation would be in the children's best interests and that the other party has the ability and opportunity to earn income.
Family Law 4DCA/3 Nov. 26, 2024
Mercado v. Superior Court (Wolf)
Granting vocational evaluations orders requires a showing that the evaluation would be in the children's best interests and that the other party has the ability and opportunity to earn income.
Family Law 4DCA/3 Nov. 25, 2024
In re Baby Girl R.
Juvenile courts are not mandated to deny reunification following a finding that the whereabouts of the parent are unknown.
Family Law 6DCA Nov. 13, 2024
Marriage of Diamond
Spouse seeking to set aside judgment due to mental deficit failed to provide evidence of mental incapacity.
Family Law 2DCA/7 Nov. 7, 2024
Marriage of Saraye
Trial court did not abuse its discretion in denying reimbursement of child support overpayment after weighing appropriate factors, including request's extreme tardiness.
Family Law 2DCA/8 Nov. 1, 2024
In re G.R.
An alleged father had no standing as an aggrieved party to an order requiring his visits be monitored.
Family Law 2DCA/8 Oct. 29, 2024
In re Marriage of Shayan
Judgment for attorney fees entered by the family court did not expire until fully satisfied, so writ of execution issued more than 10 years after the judgment's entry was proper.
Family Law, Civil Procedure 2DCA/8 Oct. 29, 2024
E.G. v. M.L.
Social media posts revealing personal information (doxxing) of a parent's former romantic partner constituted the course of conduct necessary to grant a restraining order.
Family Law 6DCA Oct. 7, 2024
Marriage of Cady and Gamick
Welfare and Institutions Code Section 12350 does not absolve parents of the duty to support an adult disabled child under Family Code Section 3910.
Family Law 2DCA/1 Sep. 26, 2024
C.C. v. D.V.
Stipulated restraining order was a finding that restrained party had perpetrated domestic violence, triggering statutory rebuttable presumption that awarding the perpetrator custody was detrimental to the best interest of the child.
Family Law 1DCA/3 Sep. 18, 2024
Cardona v. Soto
Trial court's failure to record, or otherwise inform father of the substance of, daughter's in-chambers testimony violated father's due process rights in domestic violence proceeding.
Family Law 1DCA/1 Sep. 18, 2024
Feehan v. Superior Court (Seto)
Courts have the authority to issue pendente lite visitation when a petitioner makes a prima facie case for parentage.
Family Law 1DCA/3 Sep. 17, 2024
Malinowski v. Martin
Dashcam evidence of communications during supervised exchange of children involved in a domestic violence dispute was not confidential under the Privacy Act.
Evidence, Family Law 1DCA/3 Aug. 26, 2024
Bijan Boutiques v. Isong
Trial court judgment in divorce proceeding awarding defendant with the only marital property located in the United States was not subject to Uniform Voidable Transactions Act.
Family Law 4DCA/3 Aug. 15, 2024
In re A.P.
It was error to deny Mother's restraining order request where there was uncontested evidence Father had committed domestic violence against her and one of her children.
Family Law 2DCA/1 Jul. 30, 2024
Modification: Marriage of Wiese
Family Code Section 1101, pertaining to spousal fiduciary duties, only encompasses breaches relating to community property and not separate property.
Family Law 4DCA/3 Jul. 18, 2024
Marriage of Wiese
Family Code Section 1101, pertaining to spousal fiduciary duties, only encompasses breaches relating to community property and not separate property.
Family Law 4DCA/3 Jun. 24, 2024
In re Andrew M.
A showing that the child would derive a connection to a larger extended family was not a sufficient basis to preserve parental rights and reject proceedings for a permanent adoption.
Family Law 4DCA/3 Jun. 13, 2024
Bailey v. Murray
Domestic violence defendant was not denied due process.
Family Law 4DCA/2 Jun. 7, 2024