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Vinson v. Kinsey
When assessing domestic violence restraining order requests, determining "threatening" behavior requires trial courts to consider the totality of circumstances, not just narrowly focusing on victim's behavior. 		Family Law 1DCA/2 Jul. 28, 2023
Modification: Swan v. Hatchett
Denial of request for modification of child support was reversed because the factual findings regarding evidence credibility in the statement of decision were not supported by substantial evidence. 		Family Law 1DCA/4 Jul. 20, 2023
Malinowski v. Martin
Code of Civil Procedure Section 533 did not provide exclusive means by which trial court in a Domestic Violence Protection Act action could modify a domestic violence temporary restraining order. 		Family Law 1DCA/3 Jul. 18, 2023
Marriage of Willis v. Costa-Willis
The trial court erred in applying sua sponte the presumption against child custody to a party with a domestic violence restraining order to modify custody after issuing a restraining order. 		Family Law 4DCA/3 Jul. 18, 2023
Swan v. Hatchett
Denial of request for modification of child support was reversed because the factual findings regarding evidence credibility in the statement of decision were not supported by substantial evidence. 		Family Law 1DCA/4 Jun. 30, 2023
Michael M. v. Robin J.
Domestic violence restraining order should have been renewed based on the protected party's genuine, reasonable fear of future abuse despite lack of evidence of recent abuse. 		Family Law 4DCA/1 Jun. 5, 2023
People v. Coulthard
Abduction charges against British father were affirmed because he had no right to the custody of his eight-year-old daughter under the valid United Kingdom custody order. 		Family Law 6DCA Apr. 21, 2023
A.F. v. Jeffrey F.
Minor was entitled to hire her own attorney in Domestic Restraining Violence Order proceeding that was separate and independent from the court-appointed "minor's counsel" in her parents' divorce action. 		Family Law 4DCA/1 Apr. 18, 2023
Rivera v. Hillard
Under the Domestic Violence Prevention Act's Family Code Section 6342, ex-husband was allowed restitution for the value of the property ex-wife confiscated or destroyed. 		Family Law 1DCA/4 Mar. 31, 2023
Peterson v. Thompson
In allocating the costs of a court-appointed child custody evaluator, the trial court must consider the parties' ability to pay. 		Family Law 1DCA/2 Mar. 31, 2023
Marriage of Sullivan
Under the Federal Uniformed Services Former Spouse's Protection Act, party's assent to court jurisdiction for the division of military retirement benefits in divorce proceeding may be implied. 		Family Law 4DCA/1 Mar. 23, 2023
Segal v. Fishbein
Dismissal of child custody proceeding was statutorily mandated when home state court that had exercised jurisdiction elected to retain jurisdiction over the proceedings. 		Family Law 4DCA/1 Mar. 23, 2023
Marriage of Cohen
Appellate court declined application of disentitlement doctrine when ex-husband had not evidenced willful disobedience or obstructive tactics pending the appeal. 		Family Law 4DCA/3 Mar. 21, 2023
Johnston-Rossi v. Rossi
Family court improperly modified existing custody order by not requiring the father to present evidence of a significant change of circumstances that justified children's enrollment in months-long therapy program. 		Family Law 2DCA/8 Mar. 3, 2023
In re N.M.
Custody determinations require findings that the decision was in the child's best interest. 		Family Law 2DCA/1 Mar. 3, 2023
Modification: In re Marriage of D.H. and B.G.
In defining a child's "full-time" student status for termination of child support, courts are to consider the school calendar of the school that child attends to make its determination. 		Family Law 4DCA/1 Feb. 1, 2023
Marriage of Belthius
Ex-husband's pension calculations must comport with the stipulated judgment agreed to at separation. 		Family Law 2DCA/2 Feb. 1, 2023
Marriage of D.S. & A.S.
When Domestic Violence Restraining order request is based solely on information provided by the party requesting the order, due process requires family courts to conduct a meaningful hearing before issuing the order. 		Family Law 6DCA Jan. 25, 2023
Marriage of Destiny C. and Justin C.
Family Code Section 3044's presumption against awarding custody to abusers only pertains to current abuse--those occurring within five years of the family court's findings, as opposed to five years prior to filing the petition. 		Family Law 4DCA/1 Jan. 23, 2023
In re Marriage of D.H. and B.G.
In defining a child's "full-time" student status for termination of child support, courts are to consider the school calendar of the school that child attends to make its determination. 		Family Law 4DCA/1 Jan. 19, 2023
Brubaker v. Strum
Request for an order determining support arrearage was not prohibited even though the support obligor's employer was under a wage assignment order. 		Family Law 2DCA/7 Jan. 18, 2023
Featherstone v. Martinez
Sanctions against party were improper when based on the litigation positions of the party rather than conduct that frustrated the policy of the law to promote settlement. 		Family Law 2DCA/5 Dec. 23, 2022
Salmon v. Salmon
Statutory prohibition against issuing mutual restraining orders absent detailed findings of fact governed where granting two competing petitions seeking restraining orders would accomplish the same result. 		Family Law 4DCA/2 Dec. 8, 2022
Modification: Adoption of M.R.
Trial court erroneously failed to make Indian Child Welfare Act findings prior to freeing child from father's custody and control under Probate Code Section 1516.5 and Family Code Section 7822. 		Family Law 3DCA Oct. 28, 2022
Adoption of M.R.
Trial court erroneously failed to make Indian Child Welfare Act findings prior to freeing child from father's custody and control under Probate Code Section 1516.5 and Family Code Section 7822. 		Family Law 3DCA Oct. 25, 2022
Marriage of Knox
Family court's failure to hear and take under submission wife's request for pendente lite attorney fees on the first day of trial for dissolution of marriage constituted an unreasonable delay. 		Family Law 5DCA Sep. 13, 2022
Modification: Marriage of Aviles & Vulovic
Wife qualified as a putative spouse because she adequately showed that, at the time she married her husband, she had a good faith belief that her prior divorce was final. 		Family Law 4DCA/2 Jun. 15, 2022
Marriage of Aviles & Vulovic
Wife qualified as a putative spouse because she adequately showed that, at the time she married her husband, she had a good faith belief that her prior divorce was final. 		Family Law 4DCA/2 Jun. 10, 2022
Marriage of Elali & Marchoud
A bigamous foreign marriage violates California public policy and is void under California law. 		Family Law 4DCA/2 Jun. 8, 2022
Marriage of Nakamoto and Hsu
In a marriage dissolution, a party is not entitled to attorney fees for over-litigating a trial court case or failing to provide reasonable grounds for a prospective appeal. 		Family Law 4DCA/3 Jun. 3, 2022
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