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Name Category Published
A.B., a Minor
Failure to provide ICWA notice does not prejudice father where agency supplements record with document in which mother denies having Indian heritage.
Family Law Jul. 10, 2008
S.B., a Minor
Court errs in refusing to apply exception to termination of parental rights to father who has continuing beneficial relationship with dependent daughter.
Family Law Jun. 30, 2008
Jorge G., a Minor
Juvenile court has temporary emergency jurisdiction over abandoned child but must vacate dispositional orders to allow proper service of parents in Mexico.
Family Law Jun. 23, 2008
William B., a Minor
Juvenile court errs in giving mother with history of substance abuse 'one more chance' at reunification services after three failed attempts.
Family Law Jun. 13, 2008
Darlene T., a Minor
Relative caregiver of children is required to exhaust her administrative remedies before court can consider funding issue.
Family Law Jun. 9, 2008
R.D., a Minor
San Bernardino County Juvenile Court should have accepted transfer of dependency case because child and his legal guardian resided in San Bernardino.
Family Law Jun. 4, 2008
San Joaquin County Dept. of Child Support Services v. Winn
Commissioner's proposed statement of decision concluding county may order genetic testing is not final judgment from which alleged father may appeal.
Family Law May 29, 2008
Marriage of Gong
Where it appears to reviewing court that appeal was frivolous, it may add to costs such damages as may be just.
Family Law May 29, 2008
Marriage of Carlsson
In divorce case, judge's abrupt ending of trial before completion of husband's case constitutes reversible error.
Family Law May 27, 2008
Rayna N., a Minor
Where juvenile court fails to comply with notice requirements applicable in Indian child custody proceedings, limited reversal is not prohibited.
Family Law May 27, 2008
Los Angeles County Dept. of Children and Family Services v. Superior Court (Stacy P.)
Court finds that Welfare and Institutions Code does not allow dismissal of dependency petitions at detention hearings by juvenile court.
Family Law May 19, 2008
Marriage of Holtemann
In divorce case, written agreement depicts husband's clear expression of transmutation of separate property to community property.
Family Law May 13, 2008
In re Ellis
Intent of Domestic Partner Act is to apply equitable putative spouse doctrine to persons with reasonable, good faith belief in validity of domestic partnerships.
Family Law May 7, 2008
Lesly G., a Minor
Juvenile court errs in terminating parental rights after denying--and failing to hold required hearing on--mother's petition for modification.
Family Law May 2, 2008
State Dept. of Social Services v. Superior Court (D.P.)
Juvenile court has discretion to decide that emergency removal of children was justified after considering circumstances that resulted after removal.
Family Law Apr. 25, 2008
Edwards v. Edwards
Where neither parent retains 'primary physical responsibility' for adult child, guideline formula, by its terms, is inapplicable.
Family Law Apr. 24, 2008
Plumas County Child Support Services v. Rodriguez
Court properly dismisses child support complaint where mother did not have support agreement with brother who took in her son.
Family Law Apr. 23, 2008
Valerie W., a Minor
County human services agency must prepare complete assessment report for dependency proceedings to comply with Welfare and Institutions Code Section 366.26.
Family Law Apr. 22, 2008
Erika K. v. Brett D.
Court should apply substantive provisions of ICWA first, such as whether continued custody with parent would cause child emotional or physical damage.
Family Law Apr. 14, 2008
Marriage of Lucio
When parent seeks to modify visitation, not allocation of custody between parents, court considers whether modification is in child’s best interests.
Family Law Apr. 9, 2008
Vincent M., a Minor
Where biological father cannot establish 'presumed' father status before reunification period ends, he must show child would benefit from reunification services.
Family Law Apr. 7, 2008
Marriage of Montgomery
Husband should pay wife her remaining share of proceeds from sale of family residence pursuant to terms of marital settlement agreement.
Family Law Apr. 3, 2008
Ortega v. Sacramento County Department of Health and Human Services
Social workers who returned child to father who subsequently stabbed child are immune from liability because they conducted discretionary acts.
Family Law Apr. 2, 2008
A.G., a Minor
Court did not violate parent's due process rights by sustaining County's objection to parent testifying at hearing.
Family Law Apr. 1, 2008
Marriage of Gerkin
Kansas court could not set lower amount of child support payments than support provided in earlier California dissolution judgment.
Family Law Mar. 31, 2008
N.M, a Minor
Juvenile court gives appropriate notice and complies with Indian Child and Welfare Act in terminating parental rights.
Family Law Mar. 27, 2008
H.B., a Minor
Juvenile court's failure to inquire into dependent child's ancestry is harmless absent mother's affirmative representation that child may have Indian heritage.
Family Law Mar. 27, 2008
Plumas County Child Support Services v. Rodriquez
Court properly dismisses child support complaint where mother did not have support agreement with brother who took in her son.
Family Law Mar. 27, 2008
William K., a Minor
Court did not err in failing to set aside voluntary declaration of paternity executed by another man.
Family Law Mar. 25, 2008
Brenda M., a Minor
Juvenile court erred when it prevented parent from cross-examining witnesses as sanction against parent's invocation of his Fifth Amendment right.
Family Law Mar. 5, 2008