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Burke v. County of Alameda
Officer is entitled to qualified immunity although removal of minor from home due to abuse may have violated father’s familial association right.
Family Law Nov. 10, 2009
J.O., a Minor
Presumed father’s failure to contact or support children is not grounds for rebutting fatherhood presumption where result would leave children fatherless.
Family Law Oct. 9, 2009
Marriage of Knowles
Child support payments cannot be modified to include subsequent spouse’s share of community property income.
Family Law Oct. 7, 2009
Marriage of Lyustiger
British order requiring ex-husband to pay attorney fees is unenforceable where order constituted 'support' under Uniform Foreign Money-Judgments Recognition Act.
Family Law Sep. 30, 2009
S.T. v. Superior Court (Los Angeles County Dept. of Children and Family Services)
Juvenile court has discretion over continuing reunification services where parent failed to participate in treatment program.
Family Law Sep. 22, 2009
Cabral v. Martins
Motion to strike under anti-SLAPP statute granted where ex-wife alleged that attorneys aided ex-husband in avoiding child support payments.
Family Law Sep. 8, 2009
Marriage of Dietz
Court errs by reducing amount of monthly spousal support based on supporting spouse's access to retirement assets.
Family Law Sep. 3, 2009
Marriage of Blazer
Spousal support determination is proper where trial court did not charge husband with funds used to diversify marital business.
Family Law Aug. 27, 2009
Yolo County Dept. of Child Support Services v. Lowery
Parent must continue to pay child support where minor was placed in juvenile system for molesting parent's daughters.
Family Law Aug. 25, 2009
Marriage of Nurie
Husband's seizure of son from Pakistan does not require California to relinquish jurisdiction over custody battle.
Family Law Aug. 11, 2009
M.S. v. O.S.
Attorney fees, as opposed to bonuses, cannot be included as income for purposes of calculating child support obligations.
Family Law Aug. 10, 2009
Wynn v. The Superior Court of Fresno
Court has jurisdiction to determine existence of biological mother and child relationship after adoption.
Family Law Aug. 5, 2009
Marriage of Dietz
Court errs by reducing amount of monthly spousal support based on supporting spouse's access to retirement assets.
Family Law Aug. 5, 2009
United States v. Berger
Wife's community property interest is properly applied to satisfy restitution order imposed against husband.
Family Law Aug. 3, 2009
Kevin Q. v. Lauren W.
Legal father finding established by rebuttable presumption trumped where voluntary declaration of paternity has effect of paternity judgment
Family Law Jul. 20, 2009
Charisma R. v. Kristina S.
No durational requirement applies to party seeking presumed parent status.
Family Law Jun. 29, 2009
Gdowski v. Gdowski
Issuance of protective order under Elder Abuse and Dependent Adult Civil Protection Act cannot be based on counsel's aggressive style of examination.
Family Law Jun. 25, 2009
Loeffler v. Medina
Denial of application to terminate domestic violence restraining order is upheld where circumstances had not sufficiently changed.
Family Law Jun. 22, 2009
Kevin Q. v. Lauren W.
Legal father finding established by rebuttable presumption trumped where voluntary declaration of paternity has effect of paternity judgment
Family Law Jun. 22, 2009
Marriage of Herr
Trial court exceeds inherent authority where grant of reconsideration effectively ordered new trial.
Family Law Jun. 18, 2009
Enrique M. v. Angelina V.
Strict scrutiny does not apply in custody-related dispute between parents concerning choice of school for child.
Family Law Jun. 11, 2009
Keith R. v. Superior Court (H.R.)
Court errs by applying 'changed circumstance' standard in custody case involving domestic violence finding.
Family Law Jun. 9, 2009
S.W. v. Superior Court (Orange County Social Services Agency)
Father's one telephone call to child is insufficient to require continuation of reunification services at six-month review hearing.
Family Law May 27, 2009
Marriage of Lund
Valid transmutation of separate property occurs where adversely affected party unambiguously expressed intent in agreement.
Family Law May 25, 2009
G.W. a Minor
Appointment of stepgrandmother as legal guardian improper where she had criminal conviction that respective agency refused to waive.
Family Law May 20, 2009
Marriage of Nadkarni
Former husband's public disclosure of former wife's private emails constitutes abuse under Domestic Violence Protection Act.
Family Law May 20, 2009
In re E.S., a Minor
Using preponderance of evidence to show 'de facto' parent status for rebuttable presumption of detriment depriving parent of permanent custody is not unconstitutional.
Family Law May 11, 2009
In re. R.M.
Insufficient evidence to support removal of minors who engaged in inappropriate sexual conduct from mother's custody.
Family Law May 6, 2009
Marriage of Hopkins
Levy on bank account to collect child support arrears improper where father is disabled and receiving Social Security disability insurance.
Family Law Apr. 26, 2009
Barron v. Superior Court (Martinez)
Court abuses discretion by ordering parent on CalWORKs plan to quit studies in lieu of securing full-time employment.
Family Law Apr. 26, 2009