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Name Category Published
Marriage of Whitman
Trial court erred in holding community property responsible for civil penalty imposed due to spouse's illegal insider trading during the marriage. 		Family Law 1DCA/2 Jan. 3, 2024
Modification: Marriage of Motiska and Ford
In marriage dissolution proceeding, sale of separate property to community property for $1 did not trigger Family Code Section 2640's reimbursement requirement. 		Family Law 1DCA/4 Nov. 30, 2023
Marriage of V.S. & V.K.
Trial court did not err by concluding that the Hindu marriage ceremony was not legally binding on spouse who was not domiciled in India and did not submit to be bound by the Hindu Marriage Act of 1955. 		Family Law 6DCA Nov. 16, 2023
Marriage of Motiska and Ford
In marriage dissolution proceeding, sale of separate property to community property for $1 did not trigger Family Code Section 2640's reimbursement requirement. 		Family Law 1DCA/4 Nov. 10, 2023
Zachary H. v. Teri A.
Son's domestic violence restraining order against his mother was properly supported by testimony that she attempted to run him over with her car and threaten him via e-mail. 		Family Law 4DCA/1 Nov. 2, 2023
Jan F. v. Natalie F.
Trial court's application of wrong legal standard to determine abuse under the Domestic Violence Prevention Act warranted reversal and remand for evidentiary hearing. 		Family Law 2DCA/1 Oct. 20, 2023
Parris J. v. Christopher U.
Domestic Violence Restraining Order did not require a reasonable, objective person standard and defendant's coercive control met the statutory requirements. 		Family Law 2DCA/4 Oct. 6, 2023
Marriage of Simonis
Spouse who commingles separate property funds after separation must be able to trace that separate property using case law-approved methods and provide evidence accordingly. 		Family Law 3DCA Sep. 27, 2023
Marriage of C.D. and G.D.
Father had no right to object to Mother's educating decisions for their twin daughters because she had sole legal custody. 		Family Law 2DCA/6 Sep. 14, 2023
Marriage of C.D. and G.D.
Trial court was not required to order a child custody sexual abuse evaluation under Family Code Section 3118 to find that father sexually abused his twin daughters. 		Family Law 2DCA/6 Sep. 12, 2023
Hatley v. Southard
Trial court erred in denying wife's domestic violence restraining order by limiting its analysis of abuse to only physical violence or threats of violence. 		Family Law 4DCA/2 Aug. 18, 2023
Marriage of Hearn
Fee award in marital dissolution was appropriate where there was a disparity in ability to retain counsel and one party could contribute to the legal representation of both parties. 		Family Law 1DCA/2 Aug. 14, 2023
Marriage of Cole
Trial court did not abuse its discretion in concluding that defendant's reported salary income was not determinative of his ability to pay child support in light of his assets and earning capacity. 		Family Law 1DCA/3 Aug. 14, 2023
Last v. Superior Court (Last)
Premarital agreements that waive spousal support are presumed to be involuntarily executed absent an evidentiary showing and are not per se enforceable. 		Family Law 4DCA/3 Aug. 4, 2023
Vinson v. Kinsey
When assessing domestic violence restraining order requests, determining "threatening" behavior requires trial courts to consider the totality of circumstances, not just narrowly focusing on victim's behavior. 		Family Law 1DCA/2 Jul. 28, 2023
Modification: Swan v. Hatchett
Denial of request for modification of child support was reversed because the factual findings regarding evidence credibility in the statement of decision were not supported by substantial evidence. 		Family Law 1DCA/4 Jul. 20, 2023
Malinowski v. Martin
Code of Civil Procedure Section 533 did not provide exclusive means by which trial court in a Domestic Violence Protection Act action could modify a domestic violence temporary restraining order. 		Family Law 1DCA/3 Jul. 18, 2023
Marriage of Willis v. Costa-Willis
The trial court erred in applying sua sponte the presumption against child custody to a party with a domestic violence restraining order to modify custody after issuing a restraining order. 		Family Law 4DCA/3 Jul. 18, 2023
Swan v. Hatchett
Denial of request for modification of child support was reversed because the factual findings regarding evidence credibility in the statement of decision were not supported by substantial evidence. 		Family Law 1DCA/4 Jun. 30, 2023
Michael M. v. Robin J.
Domestic violence restraining order should have been renewed based on the protected party's genuine, reasonable fear of future abuse despite lack of evidence of recent abuse. 		Family Law 4DCA/1 Jun. 5, 2023
People v. Coulthard
Abduction charges against British father were affirmed because he had no right to the custody of his eight-year-old daughter under the valid United Kingdom custody order. 		Family Law 6DCA Apr. 21, 2023
A.F. v. Jeffrey F.
Minor was entitled to hire her own attorney in Domestic Restraining Violence Order proceeding that was separate and independent from the court-appointed "minor's counsel" in her parents' divorce action. 		Family Law 4DCA/1 Apr. 18, 2023
Rivera v. Hillard
Under the Domestic Violence Prevention Act's Family Code Section 6342, ex-husband was allowed restitution for the value of the property ex-wife confiscated or destroyed. 		Family Law 1DCA/4 Mar. 31, 2023
Peterson v. Thompson
In allocating the costs of a court-appointed child custody evaluator, the trial court must consider the parties' ability to pay. 		Family Law 1DCA/2 Mar. 31, 2023
Marriage of Sullivan
Under the Federal Uniformed Services Former Spouse's Protection Act, party's assent to court jurisdiction for the division of military retirement benefits in divorce proceeding may be implied. 		Family Law 4DCA/1 Mar. 23, 2023
Segal v. Fishbein
Dismissal of child custody proceeding was statutorily mandated when home state court that had exercised jurisdiction elected to retain jurisdiction over the proceedings. 		Family Law 4DCA/1 Mar. 23, 2023
Marriage of Cohen
Appellate court declined application of disentitlement doctrine when ex-husband had not evidenced willful disobedience or obstructive tactics pending the appeal. 		Family Law 4DCA/3 Mar. 21, 2023
Johnston-Rossi v. Rossi
Family court improperly modified existing custody order by not requiring the father to present evidence of a significant change of circumstances that justified children's enrollment in months-long therapy program. 		Family Law 2DCA/8 Mar. 3, 2023
In re N.M.
Custody determinations require findings that the decision was in the child's best interest. 		Family Law 2DCA/1 Mar. 3, 2023
Modification: In re Marriage of D.H. and B.G.
In defining a child's "full-time" student status for termination of child support, courts are to consider the school calendar of the school that child attends to make its determination. 		Family Law 4DCA/1 Feb. 1, 2023
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