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In re Marriage of Lafkas
Modification of partnership agreement adding wife as partner is not a valid transmutation of separate property absent express declaration signed by husband.
Family Law Jun. 17, 2015
Adoption of Emilio G.
Not abuse of discretion to terminate rights of violent, unsupportive biological father seeking to prevent child's adoption when he fails to show he is the presumed father and termination is in child's best interest
Family Law May 26, 2015
In re N.L.
Improper to include child in restraining order where threats from mother were directed at father, and no evidence suggested mother put child in danger.
Family Law May 25, 2015
Marriage of Honer
Court's valuation of primary marital assets, as based upon circumstances existing at the time of trial, is supported by 'ample evidence' and must be upheld.
Family Law May 7, 2015
Adoption of Emilio G.
Not abuse of discretion to terminate rights of violent, unsupportive biological father seeking to prevent child’s adoption when he fails to show he is the presumed father and termination is in child’s best interest
Family Law Apr. 12, 2015
In re A.R.
Where father has already removed himself from the home and is following visitation restrictions, ‘substantial danger’ does not exist and child should not have been ordered removed from Father’s physical custody.
Family Law Apr. 12, 2015
Ellis v. Ellis
Appeal untimely when taken from subsequent judgment that did not materially affect wife’s rights in marriage dissolution proceeding.
Family Law Apr. 2, 2015
Winternitz v. Winternitz
Mistakes in custody evaluator’s report went to weight of report and not its admissibility; court did not err in refusing to strike report.
Family Law Mar. 30, 2015
In re Marriage of Rifkin & Carty
Prefiling order against vexatious litigant is appealable and must be challenged on appeal rather than later in an application to vacate that order.
Family Law Mar. 8, 2015
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 Mar. 3, 2015
Marriage of M.A. and M.A. et al
Award of attorney fees to mother in child support dispute - as it was based on parties’ respective needs, incomes, assets and abilities – not an abuse of discretion.
Family Law Feb. 24, 2015
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