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Martinez v. Vaziri
Denial of petition to establish parental relationship as third natural parent to child is overturned due to misinterpretation of statutory standard for determining detriment.
Family Law Apr. 11, 2016
In re Marriage of Murchison
Reversal of order disqualifying wife's lawyer required where husband lacks standing to bring disqualification motion relating to lawyer's alleged ethical violations.
Family Law Mar. 21, 2016
Stuard v. Stuard
Grandparent visitation properly granted even absent allegation that divorced parents are unfit, where parents themselves fostered grandparents' relationship with grandchild.
Family Law Mar. 2, 2016
Marriage of Obrecht
Though husband's appearance gave family court jurisdiction over his person, court nevertheless erred in entering default during pendency of petition to set aside motion to quash.
Family Law Feb. 25, 2016
Marriage of Shimkus
Failure to issue statement of decision regarding request to terminate spousal support warranted reversal although material change in circumstances may justify termination.
Family Law Feb. 22, 2016
Stuard v. Stuard
Grandparent visitation properly granted even absent allegation that divorced parents are unfit, where parents themselves fostered grandparents' relationship with grandchild.
Family Law Feb. 8, 2016
Noergaard v. Noergaard
Court errs in ordering child's return to Denmark without conducting evidentiary hearing over mother's claims that would prevent child's return under Hague Convention.
Family Law Jan. 26, 2016
Marriage of Peterson
Though husband stood to recover 150 percent of the parties' collective retirement, family court cannot fashion equitable relief to account for disparity in distribution.
Family Law Jan. 12, 2016
Rodriguez v. Menjivar
In a Domestic Violence Prevention Act proceeding, trial court errs in failing to consider evidence of former lover's controlling behavior where such mental abuse is relevant.
Family Law Jan. 11, 2016
County of Los Angeles Child Support Services Dept. v. Superior Court (Youngblood)
California court may not order genetic testing to challenge registration of foreign child support judgment where paternity was irrelevant to enforcement proceeding.
Family Law Dec. 23, 2015
Marriage of Eustice
Default judgment not rendered void by alleged deficiencies in marital dissolution petition, where spouse had adequate notice of property subject to disposition.
Family Law Dec. 14, 2015
Schneer v. Llaurado
Court errs in finding California lacks jurisdiction over custody petition where child resided in California for six continuous months despite her absence prior to petition's filing.
Family Law Dec. 11, 2015
Marriage of Smith
Ex-wife's receipt of substantial and regular financial support from wealthy father properly considered 'income' for purposes of Family Code's attorney fee-shifting provision.
Family Law Nov. 24, 2015
Marriage of Bonvino
If property is acquired during marriage with both separate and community funds, transmutation requirements must be satisfied before reimbursement provisions apply.
Family Law Nov. 12, 2015
Marriage of Cecilia and David W.
Failure to apply correct legal standard and lack of substantial evidence requires reversal of adult child support order.
Family Law Nov. 4, 2015
Marriage of Drake
Family court properly orders father to continue supporting incapacitated adult child, but errs in ordering payments be made directly to mother.
Family Law Oct. 29, 2015
Cueto v. Dozier
Trial court should have granted requesting party's motion to renew domestic violence restraining order despite her inability to demonstrate violations.
Family Law Oct. 21, 2015
Marriage of Brandes
Based upon rebuttable presumption of lender's intent doctrine, party seeking to prove stock shares acquired during marriage by way of promissory note are separate property must make evidentiary showing to that effect.
Family Law Sep. 10, 2015
Marriage of Brandes
Based upon rebuttable presumption of lender's intent doctrine, party seeking to prove stock shares acquired during marriage by way of promissory note are separate property must make evidentiary showing to that effect.
Family Law Sep. 1, 2015
In re Marriage of Siegel
Court errs in issuing order far exceeding requested relief where lack of notice denies non-requesting party due process.
Family Law Aug. 24, 2015
In re Anthony B.
Court did not err or abuse discretion in ruling parental benefit exception to adoption inapplicable where father cannot not satisfy either prong of exception.
Family Law Aug. 13, 2015
In re I.C.
Four-year-old's hearsay statements contained in video and caseworker's report are substantial evidence to support finding of sexual abuse by father and resultant separation.
Family Law Aug. 11, 2015
Isidora M. v. Silvino M.
Court errs in issuing mutual restraining order under Section 6305 of the Domestic Violence Protection Act absent affirmative request for orders by both parties.
Family Law Aug. 3, 2015
In re M.W.
Past incident of domestic abuse between husband and wife does not constitute substantial risk of serious harm to minor.
Family Law Aug. 2, 2015
Marriage of Olson
Default judgment against mother in divorce proceeding does not preclude her from petitioning court to modify custody arrangement.
Family Law Aug. 2, 2015
Marshall v. County of San Diego
Social workers entitled to qualified immunity when they provide notice to prospective adoptive parent and there is no evidence they made false statements before removing child.
Family Law Jul. 22, 2015
In re Marriage of Davis (Sheryl Jones and Keith Xavier)
'[L]iving separate and apart" under Family Code Section 771(a) requires spouses to live in separate residences when establishing date of separation.
Family Law Jul. 20, 2015
Altafulla v. Ervin
Defendant's statements and actions after discovering partner's infidelity disturbed victims' mental peace and justifies permanent restraining order against him.
Family Law Jul. 8, 2015
Marriage of Evilsizor and Sweeney
Domestic Violence Prevention Act allows court to restrict husband from disseminating wife's sensitive, personal communications husband maliciously downloaded from wife's phones.
Family Law Jun. 24, 2015
Jane J. v. Superior Court
Trial court must weigh all relevant factors impacting children at issue before granting a change of custody that involves a 2000-mile move away.
Family Law Jun. 17, 2015