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In re Marriage of Duffy
No breach of fiduciary duty where there is insufficient evidence of husband's refusal to provide information about which wife did not inquire.
Family Law Nov. 12, 2001
Marriage of Wolfe
Community-funded improvement to spouse's separate property is not presumed gift and community is entitled to reimbursement.
Family Law Nov. 12, 2001
Budack v. Rosenthal
Biological parent who relinquished parental rights and consented to adoption may later petition for custody of child.
Family Law Nov. 1, 2001
Vanover v. Cook
Plaintiff is collaterally estopped from relitigating state court determination that child support judgments had not been extinguished.
Family Law Oct. 29, 2001
Marriage of Loh
Photographs of ex-spouse's 'lifestyle' cannot justify increase in child support without tax returns.
Family Law Oct. 29, 2001
McGovern v. McGovern
'Troxel' and state statute do not require that visitation with grandparents be left solely to discretion of parent.
Family Law Oct. 17, 2001
Marriage of Dandona
Retroactive application of statute permitting reimbursement of support overpayments is constitutional.
Family Law Oct. 16, 2001
Christina A., a Minor
Review hearing should be scheduled six months from date child entered foster care and not six months from date of dispositional hearing.
Family Law Oct. 16, 2001
Marriage of Carlton
Court erred in assigning husband 'married filing jointly' tax status and by allocating tax deduction to husband based on new wife's mortgage.
Family Law Oct. 15, 2001
Marriage of Bowen
Miscalculation of pension benefits resulted in diluted share when spouse's post-dissolution benefits were factored into division of community property assets.
Family Law Oct. 15, 2001
Marriage of Destein
Court doesn't abuse discretion in imputing income from father's real estate investments and awarding child support based in part on this amount.
Family Law Oct. 15, 2001
Marriage of Steinberger
Diamond ring of substantial value purchased with community funds did not become separate property gift without valid written transmutation.
Family Law Oct. 15, 2001
Marriage of Bryant
Parent awarded custody may move out of state because decision was not motivated by bad faith.
Family Law Oct. 9, 2001
In re Patricia T.
Denial of reunification services validly waived at dependency proceeding in which parent pleaded 'no contest.'
Family Law Sep. 12, 2001
Francisco G. v. Superior Court (Human Resources Agency of Santa Cruz County)
Bypass provision is applied to father whose status in prior dependency proceedings terminating parental rights to sibling, was biological or alleged father.
Family Law Sep. 12, 2001
In re Jasmine P.
Court isn't required to determine visitation rights of mother when grandmother agrees to become legal guardian of child.
Family Law Sep. 12, 2001
Renee J. v. Superior Court (Orange County Social Services Agency)
Reunification services denied when parent previously failed at reunification with child's siblings.
Family Law Sep. 12, 2001
Marriage of Petropoulos
Court should have retroactively applied statutory amendment to determine amount of spousal support reimbursement.
Family Law Sep. 11, 2001
Montenegro v. Diaz
Court properly awarded custody based on best interests of child rather than change in circumstances.
Family Law Sep. 9, 2001
Magnusson v. Johannesson
Parent's right to designate relatives to provide child care during visitation periods does not violate due process rights of other parent.
Family Law Sep. 9, 2001
In re Dependency of T.R.
Absence of new hearing in termination of parental rights case didn't violate parent's right to due process.
Family Law Sep. 9, 2001
Delong v. Trujillo
Employee who has actual notice of requirements for taking Family Medical Leave Act leave must follow these requirements.
Family Law Sep. 6, 2001
Marriage of Burford
Increased value of separate property must be considered in distribution of marital property in dissolution proceeding.
Family Law Sep. 5, 2001
Marriage of Woolley
Shortened notice period for expert witness is justified in expedited removal proceeding.
Family Law Sep. 5, 2001
In re Eileen A.
Parent who received inaffective assistance of counsel is entitled to petition for modification of order terminating parental rights.
Family Law Aug. 22, 2001
Kuehn v. Kuehn
Ex-wife's claims that ex-husband concealed community assets raises claim of extrinsic fraud, which is ground for equitable relief from dissolution judgment.
Family Law Aug. 22, 2001
Kyle O. v. Donald R.
Court ordered visitation for grandparents unconstitutionally infringes rights of father.
Family Law Aug. 22, 2001
Elan E., a minor
Grandparents not required to pay attorney fees for indigent child represented by appointed pro bono counsel in guardianship proceeding
Family Law Aug. 22, 2001
In re Jamie R.
Termination of parental rights is proper where likelihood of adoption was strong and benefit outweighed detriment of separating children from their mother.
Family Law Aug. 22, 2001
In re Eileen A.
Parent who received inaffective assistance of counsel is entitled to petition for modification of order terminating parental rights.
Family Law Aug. 21, 2001