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Malinowski v. Martin
Dashcam evidence of communications during supervised exchange of children involved in a domestic violence dispute was not confidential under the Privacy Act.
Evidence, Family Law 1DCA/3 Aug. 26, 2024
Bijan Boutiques v. Isong
Trial court judgment in divorce proceeding awarding defendant with the only marital property located in the United States was not subject to Uniform Voidable Transactions Act.
Family Law 4DCA/3 Aug. 15, 2024
In re A.P.
It was error to deny Mother's restraining order request where there was uncontested evidence Father had committed domestic violence against her and one of her children.
Family Law 2DCA/1 Jul. 30, 2024
Modification: Marriage of Wiese
Family Code Section 1101, pertaining to spousal fiduciary duties, only encompasses breaches relating to community property and not separate property.
Family Law 4DCA/3 Jul. 18, 2024
Marriage of Wiese
Family Code Section 1101, pertaining to spousal fiduciary duties, only encompasses breaches relating to community property and not separate property.
Family Law 4DCA/3 Jun. 24, 2024
In re Andrew M.
A showing that the child would derive a connection to a larger extended family was not a sufficient basis to preserve parental rights and reject proceedings for a permanent adoption.
Family Law 4DCA/3 Jun. 13, 2024
Bailey v. Murray
Domestic violence defendant was not denied due process.
Family Law 4DCA/2 Jun. 7, 2024
Mueller v. Mueller
A confidentiality clause in an agreement that repeatedly and explicitly stated that it created no enforceable rights was not enforceable.
Contracts, Family Law 1DCA/5 Jun. 4, 2024
Marriage of Dadashian
Because one spouse had exclusive access and information to couple's asset, trial court was required to apply *Margulis* to shift burden on managing spouse to account for missing asset.
Family Law 1DCA/2 May 30, 2024
G.G. v. G.S.
A domestic violence restraining order should be renewed in the absence of intentional violations of the initial order if the protected person had a reasonable apprehension of future abuse.
Family Law 2DCA/4 May 30, 2024
Bassi v. Bassi
Domestic violence restraining order was not struck even though some of anti-SLAPP movant's activity was protected because restraining order petition had requisite minimal merit.
Anti-SLAPP, Family Law 6DCA May 10, 2024
Br. C. v. Be. C.
Non-consensual recordings of husband's verbal abuse were admissible evidence in domestic violence restraining order proceedings because of statutory exception for recordings made by victims seeking such restraining orders.
Family Law 3DCA Apr. 8, 2024
N.M. v. W.K.
When a petitioner seeks a domestic violence restraining order, a respondent who has already responded to the petition is not entitled to a continuance of the hearing on the request "as a matter of course."
Family Law 1DCA/3 Mar. 22, 2024
In re P.L.
Father forfeited right to contest visitation order on appeal by failing to raise the issue before the juvenile court during repeated hearings that Father attended with counsel before that court.
Family Law 4DCA/1 Mar. 11, 2024
Modification: Marriage of Whitman
Trial court erred in holding community property responsible for civil penalty imposed due to spouse's illegal insider trading during the marriage.
Family Law 1DCA/2 Jan. 30, 2024
Marriage of Gilbert-Valencia and McEachen
Family court awarding 100 percent of net proceeds from quasi-marital property sale without finding of malice, fraud or oppression as to fiduciary duty breach, was an abuse of discretion.
Family Law 3DCA Jan. 3, 2024
Marriage of Whitman
Trial court erred in holding community property responsible for civil penalty imposed due to spouse's illegal insider trading during the marriage.
Family Law 1DCA/2 Jan. 3, 2024
Modification: Marriage of Motiska and Ford
In marriage dissolution proceeding, sale of separate property to community property for $1 did not trigger Family Code Section 2640's reimbursement requirement.
Family Law 1DCA/4 Nov. 30, 2023
Marriage of V.S. & V.K.
Trial court did not err by concluding that the Hindu marriage ceremony was not legally binding on spouse who was not domiciled in India and did not submit to be bound by the Hindu Marriage Act of 1955.
Family Law 6DCA Nov. 16, 2023
Marriage of Motiska and Ford
In marriage dissolution proceeding, sale of separate property to community property for $1 did not trigger Family Code Section 2640's reimbursement requirement.
Family Law 1DCA/4 Nov. 10, 2023
Zachary H. v. Teri A.
Son's domestic violence restraining order against his mother was properly supported by testimony that she attempted to run him over with her car and threaten him via e-mail.
Family Law 4DCA/1 Nov. 2, 2023
Jan F. v. Natalie F.
Trial court's application of wrong legal standard to determine abuse under the Domestic Violence Prevention Act warranted reversal and remand for evidentiary hearing.
Family Law 2DCA/1 Oct. 20, 2023
Parris J. v. Christopher U.
Domestic Violence Restraining Order did not require a reasonable, objective person standard and defendant's coercive control met the statutory requirements.
Family Law 2DCA/4 Oct. 6, 2023
Marriage of Simonis
Spouse who commingles separate property funds after separation must be able to trace that separate property using case law-approved methods and provide evidence accordingly.
Family Law 3DCA Sep. 27, 2023
Marriage of C.D. and G.D.
Father had no right to object to Mother's educating decisions for their twin daughters because she had sole legal custody.
Family Law 2DCA/6 Sep. 14, 2023
Marriage of C.D. and G.D.
Trial court was not required to order a child custody sexual abuse evaluation under Family Code Section 3118 to find that father sexually abused his twin daughters.
Family Law 2DCA/6 Sep. 12, 2023
Hatley v. Southard
Trial court erred in denying wife's domestic violence restraining order by limiting its analysis of abuse to only physical violence or threats of violence.
Family Law 4DCA/2 Aug. 18, 2023
Marriage of Hearn
Fee award in marital dissolution was appropriate where there was a disparity in ability to retain counsel and one party could contribute to the legal representation of both parties.
Family Law 1DCA/2 Aug. 14, 2023
Marriage of Cole
Trial court did not abuse its discretion in concluding that defendant's reported salary income was not determinative of his ability to pay child support in light of his assets and earning capacity.
Family Law 1DCA/3 Aug. 14, 2023
Last v. Superior Court (Last)
Premarital agreements that waive spousal support are presumed to be involuntarily executed absent an evidentiary showing and are not per se enforceable.
Family Law 4DCA/3 Aug. 4, 2023