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Name Category Published
Marriage of Fong
Spouse is not ‘complying’ party where she fails to serve final declaration of disclosure before motion for monetary sanction in dissolution proceedings.
Family Law Apr. 5, 2011
C.F., a Minor
Beneficial parent-child relationship exception to adoption preference does not apply where parent did not occupy parental role in children's lives.
Family Law Mar. 17, 2011
Marriage of Duris
Court errs in awarding sanctions during modification of child support hearing without giving party notice that sanctions were at issue.
Family Law Mar. 15, 2011
Marriage of Kochan
Court’s order of spousal support is improper when based on increased earning capacity if spouse took retirement, rather than actual earnings.
Family Law Mar. 10, 2011
Marriage of Fong
Spouse is not ‘complying’ party where she fails to serve final declaration of disclosure before motion for monetary sanction in dissolution proceedings.
Family Law Mar. 4, 2011
Marriage of Fossum
Court errs in refusing to awarding attorney fees to aggrieved spouse who was victim of breach of fiduciary duty by other spouse.
Family Law Feb. 25, 2011
Marriage of Fossum
Court errs in refusing to awarding attorney fees to aggrieved spouse who was victim of breach of fiduciary duty by other spouse.
Family Law Feb. 11, 2011
Marriage of Fossum
Court errs in refusing to awarding attorney fees to aggrieved spouse who was victim of breach of fiduciary duty by other spouse.
Family Law Jan. 31, 2011
T.P. v. T.W.
Mother is 'interested person' who has standing to commence proceeding to free her child from custody and control of father.
Family Law Jan. 25, 2011
Marriage of Fernandez-Abin
State court must determine jurisdiction over domestic violence proceedings under Uniform Child Custody Jurisdiction and Enforcement Act, where foreign court has issued previous custody orders.
Family Law Jan. 13, 2011
Marriage of Cantarella
Registration of marriage certificate is not vital to marriage’s validity under Family Law Act as long as couple consented to marriage.
Family Law Jan. 11, 2011
Marriage of Cadwell-Faso
Seven-day waiting period required for premarital agreement to be enforceable is not applicable to party represented by counsel from outset.
Family Law Jan. 11, 2011
Kevin R. v. Superior Court (San Diego County Health and Human Services Agency)
Juvenile court does not improperly delegate authority to order visitation to parole officer, who would not permit additional visitation with child.
Family Law Jan. 6, 2011
Marriage of Goodman and Gruen
Trial court does not have jurisdiction to retroactively modify temporary spousal support order where party fails to appeal order once operative.
Family Law Jan. 4, 2011
Schelb v. Stein
Trust deed securing note issued in relation to family law judgment expires under Marketable Record Title Act despite Family Code provision.
Family Law Dec. 19, 2010
Marriage of Stanton
Federal preemption does not prohibit inclusion of military allowances as ‘income’ for purposes of calculating family support.
Family Law Nov. 25, 2010
Kircher v. Kircher
Surviving spouse is liable to decedent spouse's former wife for support payments in amount not exceeding fair market value of property held in joint tenancy.
Family Law Nov. 4, 2010
Marriage of Straczynski
Where party subject to conservatorship files dissolution petition, court must ask if conservatee can express intent to dissolve marriage based on irreconcilable differences.
Family Law Oct. 25, 2010
Marriage of Sivyer-Foley
Community is entitled to share of partnership distributions earned before couple’s separation, despite distribution made after separation.
Family Law Oct. 21, 2010
Starr v. Starr
Property purchased in one spouse’s name is community property where title-holding spouse promises to add other spouse to title, constituting undue influence.
Family Law Oct. 17, 2010
Marriage of Tharp
Family court must consider evidence of disparity of income to exercise valid discretion in attorney fee award in dissolution proceedings.
Family Law Oct. 3, 2010
C.B., a Minor
Notice requirements of Interstate Compact on Placement of Children do not apply to out of state placement with parent.
Family Law Sep. 28, 2010
Vanessa Q., a Minor
Service of notice that failed to comply with Hague Service Convention does not invalidate personal jurisdiction where father made general appearance through counsel.
Family Law Aug. 5, 2010
Marriage of Nicholas
Judge subsequently assigned to divorce proceedings may modify preexisting, provisional sealing orders issued by previous judge.
Family Law Aug. 2, 2010
Marriage of Guo and Sun
Putative spouse status is properly denied where party seeking putative status did not have good faith belief marriage was valid.
Family Law Jul. 29, 2010
Marriage of Schopfer
Father can be compelled to pay voluntarily agreed upon child support to child's stepfather.
Family Law Jul. 8, 2010
Marriage of Sonne
Redeposited service credits earned by employee-spouse for retirement benefits are considered separate property for dissolution of marriage purposes.
Family Law Jun. 30, 2010
Scott v. Thompson
Sibling may not bring challenge to determine paternity of presumed father who was married to child’s mother at time of birth.
Family Law Jun. 30, 2010
Marriage of Hartmann
Restraining order against ex-wife prohibiting her interference with ex-husband’s child custody is valid where she repeatedly alienates children from ex-husband.
Family Law Jun. 24, 2010
Marriage of D.
Court properly terminates father's parental rights based on abandonment due to his inaction following custody award to mother.
Family Law Jun. 10, 2010