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Name Category Published
C.T. v. K.W.
A mother was eligible for attorneys fees because a child support action and custody action were related actions. 		Family Law 1DCA/4 Nov. 17, 2021
Noble v. Superior Court (Noble)
A family court was required to make the findings necessary to rebut the statutory presumption against an award of custody to a father who had perpetrated domestic violence against the mother. 		Family Law 5DCA Nov. 16, 2021
In re D.M.
A matter involving the termination of parental rights was remanded to consider the parental-benefit exception. 		Family Law 2DCA/8 Nov. 3, 2021
K.L. v. R.H.
Courts must consider the history of domestic violence when evaluating whether both parties were primary aggressors. 		Family Law 4DCA/3 Oct. 28, 2021
Colchester v. Lazaro
Even though the Hague Convention emphasizes expeditiousness, courts must be mindful of complaining litigant's discovery requests, especially in situations involving abuse. 		Family Law 9th Oct. 25, 2021
Marriage of Pletcher
The trial court erred when it calculated pendent lite spousal support based on one abnormally high year of income. 		Family Law 4DCA/3 Sep. 13, 2021
Ashby v. Ashby
In domestic violence restraining order context, challenging sufficiency of evidence requires setting forth, discussing and analyzing both favorable and unfavorable evidence. 		Family Law 4DCA/3 Sep. 2, 2021
Marriage of Ramsey and Holmes
Where it is undisputed that there is community property interest in real property, both spouses are obligated to ensure that family court has information necessary to determine that interest. 		Family Law 2DCA/4 Aug. 19, 2021
Knapp v. Ginsberg
Summary judgment not appropriate where a triable issue exists as to whether party to a Premarital Agreement was represented as required Family Code 1615. 		Family Law 2DCA/4 Aug. 9, 2021
Marriage of L.R. and K.A.
Mother's poor co-parenting did not amount to level of destroying Father's 'mental and emotional calm' to constitute abuse under Domestic Violence Prevention Act. 		Family Law 4DCA/1 Jul. 28, 2021
M.M. v. D.V.
Family Code Section 7612(c) requires biological father seeking third parent status to show existing relationship with child. 		Family Law 4DCA/1 Jul. 20, 2021
Marriage of F.M. & M.M.
Trial court erred in refusing to consider evidence of father's alleged abuse after temporary restraining order was issued because it was relevant to mother's domestic violence restraining order request. 		Family Law 1DCA/1 Jun. 7, 2021
Marriage of Emilie D.L.M. and Carlos C.
Family law court properly found ameliorative measures would be ineffective in reducing grave risk of harm to children because petitioner refused to acknowledge his excessive drinking or abusive behavior. 		Family Law 2DCA/6 Jun. 2, 2021
Marriage of Kelpe
Spouse's post-separation retirement benefit was his separate property because he was not eligible for it until his post-separation entry into partnership. 		Family Law 6DCA May 12, 2021
Marriage of Wendt and Pullen
Since award of attorney fees stemmed from administration of trust and did not involve claim against beneficiary, payment from spendthrift trust is not contingent on bad faith of the trustee. 		Family Law 3DCA May 3, 2021
Marriage of Maher and Strawn
Trial court may appropriately consider supporting spouse's payment of adult children's college expenses in determining ability to pay spousal support. 		Family Law 4DCA/1 Apr. 26, 2021
Marriage of Wang and Zhou
Trial court properly denied registration of Chinese custody orders because the Chinese judgment was stayed pending appeal. 		Family Law 6DCA Apr. 13, 2021
Marriage of Carlisle
Trial court did not lack jurisdiction to renew plaintiff's request for domestic violence restraining order against defendant. 		Family Law 3DCA Feb. 1, 2021
Marriage of Erndt and Terhorst
Trial court erred in awarding attorney fees as sanction to husband because Family Code Section 271 does not permit award of fees to self-represented party. 		Family Law 1DCA/3 Jan. 13, 2021
Marriage of Nevai and Klemunes
Trial court erred in determining community was entitled to reimbursement for property taxes and mortgage interest related to wife's separate property. 		Family Law 3DCA Dec. 31, 2020
Marriage of Wozniak
Trial court correctly concluded that acceptance of deed was required for valid transmutation to be effectuated between spouses. 		Family Law 4DCA/1 Dec. 31, 2020
Marriage of Sawyer
Family Code Section 5700.608 barred modification of child support order which was confirmed by operation of law due to husband's failure to timely challenge its registration. 		Family Law 6DCA Nov. 25, 2020
Marriage of DeSouza
Appellant's failure to disclose information about his bitcoin investments tied up in bankruptcy was a breach of his fiduciary duty to his former wife under Family Code Section 1100(e). 		Family Law 1DCA/3 Aug. 31, 2020
Marriage of Siva
Trial court had discretion to allow 'Jackson v. Jackson' credit for respondent's double-satisfaction of his child support payments. 		Family Law 1DCA/4 Aug. 27, 2020
Marriage of Ankola
Trial court erred in rescinding order awarding attorney fees because it rescinded order based on new evidence, rather than evidence presented at original proceeding. 		Family Law 6DCA Aug. 14, 2020
In re Brace
Evidence Code Section 662 does not apply when it conflicts with the Family Code Section 760 community property presumption. 		Family Law CASC Jul. 24, 2020
Marriage of Hein
Claiming a depreciation deduction on an income tax return does not require an outlay of cash, and thus, does not reduce funds available for child support. 		Family Law 5DCA Jul. 23, 2020
McCord v. Smith
Credibility determinations are the province of the trial court when determining whether substantial evidence supports issuance of a restraining order. 		Family Law 4DCA/3 Jul. 1, 2020
In re Marriage of Carolyn Mullonkal and Sithaj Kodiyamplakkil
Community should be reimbursed for community expenditures made during marriage towards wife's education loans even though wife paid for all expenses during marriage because otherwise, wife would receive windfall. 		Family Law 3DCA Jul. 1, 2020
Lak v. Lak
Garnishment five percent rule requires obligors with no income receiving SSDI payments to also satisfy the SSI resource test. 		Family Law 4DCA/3 Jun. 16, 2020
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