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Andrew V. v. Superior Court (Jessica V.)
Family court may not allow mother to temporarily relocate children out-of-state without conducting full adversarial hearing.
Family Law Feb. 10, 2015
Ocegueda v. Perreira
California court lacks jurisdiction over custody proceedings involving child born in Hawaii during mother’s extended visit.
Family Law Jan. 6, 2015
Lappe v. Superior Court (Lappe)
Financial disclosure declarations that spouses must exchange during divorce proceedings are not subject to mediation confidentiality.
Family Law Dec. 23, 2014
Leslie O. v. Superior Court (Thomas O.)
Trial court should have granted mother’s request to have child custody evaluator removed because record was replete with evidence of evaluator’s bias against mother.
Family Law Dec. 23, 2014
Daugherty v. Daugherty
Father’s derivative disability benefits do not count as income for purposes of calculating father's child support obligations.
Family Law Dec. 22, 2014
Daugherty v. Daugherty
Father’s derivative disability benefits do not count as income for purposes of calculating father's child support obligations.
Family Law Dec. 17, 2014
Marriage of McHugh
Father must pay child support based on income at previous job, from which he was terminated, when mother proves his ability and opportunity to work.
Family Law Nov. 30, 2014
Leslie O. v. Superior Court (Thomas O.)
Trial court should have granted mother’s request to have child custody evaluator removed because record was replete with evidence of evaluator’s bias against mother.
Family Law Nov. 25, 2014
Helgestad v. Vargas
Father may be entitled to credit for actual, in-the-home child support provided to children during period of reconciliation with mother when parents lived together.
Family Law Nov. 19, 2014
Marriage of Schu
Trial court retains authority to award long-term spousal support where marital settlement agreement provided it with jurisdiction until wife's release from prison.
Family Law Nov. 12, 2014
Marriage of Fajota
Joint legal custody award is inappropriate where trial court failed to apply presumption regarding father, who committed domestic violence within preceding five years.
Family Law Oct. 30, 2014
Eneaji v. Ubboe
Ex-wife may obtain permanent domestic violence prevention restraining order against ex-husband, even though he had not abused her for three years.
Family Law Sep. 25, 2014
S.A. v. Maiden
Husband may not sue attorney for malicious prosecution for her actions in initiating and maintaining wife’s requests for domestic violence restraining orders.
Family Law Sep. 14, 2014
Marriage of Kelkar
Wife’s conviction involving domestic violence creates presumption that she is not entitled to spousal support, even though husband originally agreed to support.
Family Law Sep. 10, 2014
Christina L. v. Chauncey B.
Mother who was granted domestic violence restraining order within prior five years is entitled to rebuttable presumption that father should not have custody of children.
Family Law Sep. 9, 2014
J.M. v. G.H.
Mother may relocate to Israel with son during school year, despite father’s objections, because she has a stronger connection with the child.
Family Law Sep. 8, 2014
Keisha W. v. Marvin M.
California may modify Texas custody order because California is child’s ‘home state,’ and mother continued living there although father later took child to Nevada.
Family Law Sep. 8, 2014
Marriage of Evans
Husband and wife may enter agreement regarding their interest in home after separation and before petition for dissolution, without first exchanging disclosure declarations.
Family Law Sep. 1, 2014
S.A. v. Maiden
Husband may not sue attorney for malicious prosecution for her actions in initiating and maintaining wife’s requests for domestic violence restraining orders.
Family Law Aug. 24, 2014
J.M. v. G.H.
Mother may relocate to Israel with son during school year, despite father’s objections, because she has a stronger connection with the child.
Family Law Aug. 6, 2014
Gou v. Xiao
Trial court improperly finds mother was not a victim for purposes of restraining order when she alleged specific facts about husband’s abuse of her and son.
Family Law Aug. 5, 2014
E.M., a Minor
Court properly denies mother’s petition to free children from father’s custody and control because she failed to show father intended to abandon their children.
Family Law Aug. 5, 2014
Marriage of Daly and Oyster
Ex-wife may enforce mediated, unfiled marital settlement agreement after dismissal of first divorce petition, because agreement was not protected by mediation privilege.
Family Law Jul. 29, 2014
Guardianship of A.L.
Trial court fails to conduct full evidentiary hearing before terminating guardianship of two minors where no evidence, witness testimony or arguments were presented.
Family Law Jul. 23, 2014
Nevarez v. Tonna
Woman correctly obtains restraining order against former boyfriend based on past abuse, because evidence regarding probability of future abuse is not required.
Family Law Jul. 2, 2014
Pangilinan v. Palisoc
Mother may seek genetic testing to prove former lover is her child’s natural father, after family court mistakenly denied her initial request for testing as untimely.
Family Law Jul. 1, 2014
Marriage of Williamson
Cash advances to son from wealthy parents must be included in family court’s calculation of child support obligations because they were not considered loans.
Family Law Jun. 13, 2014
Gonzalez v. Rebollo
California family court has authority to modify child support order, which was issued in Mexico, because father failed to show he still had 'residence' in Mexico.
Family Law Jun. 2, 2014
Marriage of Valli
Life insurance policy that was purchased with community property funds during marriage remains as such after divorce, because it was never ‘transmuted’ into separate property.
Family Law May 16, 2014
Jason P. v. Danielle S.
Sperm donor, who maintained father-son relationship with child, may establish parentage, although child was conceived via in vitro fertilization using his donated sperm.
Family Law May 15, 2014