Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B200319
|
Miracle M., a Minor
Order terminating parental rights is reversed for failure to give proper notices pursuant to Indian Child Welfare Act. |
Family Law |
|
Mar. 5, 2008 | |
G039168
|
N.E., a Minor
Father who does not claim Indian heritage under ICWA fails to show requisite prejudice in challenging order to terminate parental rights. |
Family Law |
|
Mar. 4, 2008 | |
B195072
|
Marriage of Cooper
Because community property, including retirement benefits, must be divided equally amongst parties, court errs in awarding ex-wife entire retirement survivorship benefit. |
Family Law |
|
Mar. 3, 2008 | |
D050080
|
Sarah B. v Floyd B.
Parent residing with child in Colorado at time she seeks assistance of California family court is not required to return child to California. |
Family Law |
|
Feb. 4, 2008 | |
D051079
|
Antonio G., a Minor
Even if children had previously been removed from her care, maternal grandmother should be given preferential consideration for their placement. |
Family Law |
|
Jan. 29, 2008 | |
B197412
|
Jennifer T. v. Superior Court (Los Angeles County Dept. of Children and Family Services)
In family law case, purported appeal from order terminating reunification services is construed as petition for writ of mandate. |
Family Law |
|
Jan. 28, 2008 | |
B193031
|
Marriage of Rothrock
Personal injury settlement annuity payments are not considered income for purposes of determining child support. |
Family Law |
|
Jan. 25, 2008 | |
05-16976
|
Beltran v. Santa Clara County
Social workers are not entitled to absolute immunity from claims that they fabricated evidence and made false statements in dependency petition. |
Family Law |
|
Jan. 25, 2008 | |
S138169
|
Joshua S., a Minor
Attorney fee statute does not impose fees on individual seeking judgment that determines only her private right but does not affect public interest. |
Family Law |
|
Jan. 25, 2008 | |
A116083
|
Marriage of Barthold
Trial court's authority to correct its errors applies even when prompted to reconsider prior ruling by motion filed in violation of Code of Civil Procedure. |
Family Law |
|
Jan. 17, 2008 | |
G037159
|
Marriage of James M.
Court improperly denies ADA request to continue trial where wife who suffers from cancer and bipolar disorder represents herself in dissolution proceedings. |
Family Law |
|
Jan. 17, 2008 | |
E040674
|
Marriage of Harris
Debt incurred during marital dissolution is discharged by debtor spouse’s later bankruptcy only if conditions of Title 11 U.S.C. Section 523(a)(15) are met. |
Family Law |
|
Dec. 27, 2007 | |
B198363
|
J.H., a Minor
Errors in providing notice to father for dependency hearings involving his daughter were harmless beyond reasonable doubt. |
Family Law |
|
Dec. 24, 2007 | |
S149248
|
Tonya M. v. Superior Court (Los Angeles County Dept. of Family and Children's Services)
In determining whether there is substantial probability of child and parent reunification, court need not look beyond date of next review hearing. |
Family Law |
|
Dec. 21, 2007 | |
E043005
|
C.J. W., a Minor
Dependency court practice of issuing ‘internally inconsistent’ orders by using Form JV-180 should be reformed. |
Family Law |
|
Dec. 12, 2007 | |
A114589
|
Marriage of Gong
When it appears to reviewing court that appeal was frivolous, it may add to costs such damages as may be just. |
Family Law |
|
Dec. 9, 2007 | |
B197375
|
Jacob P., a Minor
Child does not return to mother's custody after 18-month review hearing finds termination of grandmother's guardianship not in his best interest. |
Family Law |
|
Dec. 6, 2007 | |
D050997
|
Xavier G., a Minor
Mother's parental rights are properly terminated where court found grandmother was willing to adopt children. |
Family Law |
|
Nov. 27, 2007 | |
D051108
|
Jesse W., A Minor
Juvenile court has discretion to terminate reunification services for one parent but not the other without setting selection and implementation hearing. |
Family Law |
|
Nov. 25, 2007 | |
C055069
|
D.S., a Minor
Father lacks standing to challenge denial of mother's petition for visitation order where he had no stake in request. |
Family Law |
|
Oct. 31, 2007 | |
A116871
|
Derrick S., a Minor
Juvenile court may terminate reunification services at any point prior to statutory maximum time frame provided by Welfare and Institutions Code Section 361.5. |
Family Law |
|
Oct. 28, 2007 | |
C054705
|
David A. v. Victor D.
Divorce court has continuing exclusive jurisdiction over custody award terminating natural parent's rights and permitting children's adoption by stepparent. |
Family Law |
|
Oct. 28, 2007 | |
B197860
|
Gonzalez v. Munoz
Failure to extend temporary custody order protecting minor child against mother's abuser without establishing paternity violates DVPA. |
Family Law |
|
Oct. 25, 2007 | |
A115626
|
Nakamura v. Parker
Facially adequate allegations of domestic violence divest court of discretion to summarily deny application for temporary protective order against former husband. |
Family Law |
|
Oct. 23, 2007 | |
G037562
|
County of Orange v. Superior Court (Rothert)
If paternity judgment is established through voluntary declaration of paternity, any challenge to judgment must be made within two years of child’s birth. |
Family Law |
|
Oct. 3, 2007 | |
G037889
|
Marriage of Witherspoon
Trial court improperly grants custody of children to mother in Germany without considering exceptions under Hague Convention for substantial risk of harm. |
Family Law |
|
Sep. 30, 2007 | |
H030284
|
Marriage of Gray
Apportionment of pension per 'time rule' is reversed where ex-spouses had agreed that court would retain jurisdiction over later in-kind division. |
Family Law |
|
Sep. 24, 2007 | |
G038343
|
Q.D., a Minor
Mother's appeal from purported order terminating her parental rights is dismissed where hearing was trailed for further consideration. |
Family Law |
|
Sep. 19, 2007 | |
C053225
|
Knabe v. Brister
Stipulation agreeing to transfer exclusive jurisdiction over child support is valid and enforceable even if signed by attorneys, not parties themselves. |
Family Law |
|
Sep. 9, 2007 | |
B199111
|
R.S. v. Superior Court (Los Angeles County Dept. of Children and Family Services)
Juvenile court must first determine whether noncustodial father is seeking custody of child before deciding whether he is entitled to reunification services. |
Family Law |
|
Sep. 6, 2007 |