Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
H049755
|
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 |
|
A. Danner | Apr. 21, 2023 |
D079919
|
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 |
|
R. Huffman | Apr. 18, 2023 |
A163818
|
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 |
|
J. Whitman | Mar. 31, 2023 |
A157874
|
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 |
|
T. Stewart | Mar. 31, 2023 |
D079481
|
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 |
|
M. Buchanan | Mar. 23, 2023 |
D080578
|
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 |
|
J. McConnell | Mar. 23, 2023 |
G060697
|
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 |
|
T. Delaney | Mar. 21, 2023 |
B318522
|
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 |
|
E. Grimes | Mar. 3, 2023 |
B315559
|
In re N.M.
Custody determinations require findings that the decision was in the child's best interest. |
Family Law |
|
V. Chaney | Mar. 3, 2023 |
D079801
|
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 |
|
M. Buchanan | Feb. 1, 2023 |
B315673
|
Marriage of Belthius
Ex-husband's pension calculations must comport with the stipulated judgment agreed to at separation. |
Family Law |
|
J. Ashmann-Gerst | Feb. 1, 2023 |
H049337
|
Marriage of D.S. & A.S.
When Domestic Violence Restraining order request is based solely on information provided by the party requesting the order, due process requires family courts to conduct a meaningful hearing before issuing the order. |
Family Law |
|
M. Greenwood | Jan. 25, 2023 |
D079123
|
Marriage of Destiny C. and Justin C.
Family Code Section 3044's presumption against awarding custody to abusers only pertains to current abuse--those occurring within five years of the family court's findings, as opposed to five years prior to filing the petition. |
Family Law |
|
W. Dato | Jan. 23, 2023 |
D079801
|
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 |
|
M. Buchanan | Jan. 19, 2023 |
B317694
|
Brubaker v. Strum
Request for an order determining support arrearage was not prohibited even though the support obligor's employer was under a wage assignment order. |
Family Law |
|
J. Segal | Jan. 18, 2023 |
B316280
|
Featherstone v. Martinez
Sanctions against party were improper when based on the litigation positions of the party rather than conduct that frustrated the policy of the law to promote settlement. |
Family Law |
|
L. Baker | Dec. 23, 2022 |
E075748
|
Salmon v. Salmon
Statutory prohibition against issuing mutual restraining orders absent detailed findings of fact governed where granting two competing petitions seeking restraining orders would accomplish the same result. |
Family Law |
|
R. Fields | Dec. 8, 2022 |
C095856
|
Modification: Adoption of M.R.
Trial court erroneously failed to make Indian Child Welfare Act findings prior to freeing child from father's custody and control under Probate Code Section 1516.5 and Family Code Section 7822. |
Family Law |
|
E. Duarte | Oct. 28, 2022 |
C095856
|
Adoption of M.R.
Trial court erroneously failed to make Indian Child Welfare Act findings prior to freeing child from father's custody and control under Probate Code Section 1516.5 and Family Code Section 7822. |
Family Law |
|
E. Duarte | Oct. 25, 2022 |
F081092
|
Marriage of Knox
Family court's failure to hear and take under submission wife's request for pendente lite attorney fees on the first day of trial for dissolution of marriage constituted an unreasonable delay. |
Family Law |
|
D. Franson | Sep. 13, 2022 |
E076743
|
Modification: Marriage of Aviles & Vulovic
Wife qualified as a putative spouse because she adequately showed that, at the time she married her husband, she had a good faith belief that her prior divorce was final. |
Family Law |
|
M. Ramirez | Jun. 15, 2022 |
E076743
|
Marriage of Aviles & Vulovic
Wife qualified as a putative spouse because she adequately showed that, at the time she married her husband, she had a good faith belief that her prior divorce was final. |
Family Law |
|
M. Ramirez | Jun. 10, 2022 |
E075103
|
Marriage of Elali & Marchoud
A bigamous foreign marriage violates California public policy and is void under California law. |
Family Law |
|
C. Codrington | Jun. 8, 2022 |
G059108
|
Marriage of Nakamoto and Hsu
In a marriage dissolution, a party is not entitled to attorney fees for over-litigating a trial court case or failing to provide reasonable grounds for a prospective appeal. |
Family Law |
|
E. Moore | Jun. 3, 2022 |
B281051
|
Modification: Marriage of Zucker
Courts may use the time of enforcement or execution of a premarital agreement when determining whether spousal support limitations of premarital agreements executed between 1986 and 2002 are unconscionable. |
Family Law |
|
T. Willhite | Apr. 5, 2022 |
A161921
|
M.S. v. A.S.
Trial court did not abuse its discretion by including couple's children in a domestic violence restraining order because there was substantial evidence of good cause supporting children's inclusion in the order. |
Family Law |
|
C. Fujisaki | Apr. 1, 2022 |
A161842
|
Haley v. Antunovich
Trial court did not abuse its discretion in ordering a mother to seek employment as in the best interest of the child because substantial evidence supported the seek-work order. |
Family Law |
|
V. Rodriguez | Mar. 30, 2022 |
A161503
|
City and County of San Francisco v. H.H.
A trial court erred by ordering a visitation schedule where child lived with each parent half of the time after finding father's domestic violence triggered the presumption awarding sole custody to mother. |
Family Law |
|
J. Kline | Mar. 22, 2022 |
C092765
|
Adoption of E.B.
Trial court incorrectly applied Family Code Section 7612, which controls disputed parentage claims, to adoption where biological parents agreed to place their child with a third parent while retaining parental rights. |
Family Law |
|
V. Raye | Mar. 18, 2022 |
B310832
|
Ramsden v. Peterson
The trial court properly applied best interests of the child standard and approved parent's move-away request when she showed that changes in circumstances supported that it was in the child's best interests. |
Family Law |
|
M. Tangeman | Mar. 16, 2022 |