| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C055069
|
D.S., a Minor
Father lacks standing to challenge denial of mother's petition for visitation order where he had no stake in request. |
Family Law |
|
Oct. 31, 2007 | |
|
A116871
|
Derrick S., a Minor
Juvenile court may terminate reunification services at any point prior to statutory maximum time frame provided by Welfare and Institutions Code Section 361.5. |
Family Law |
|
Oct. 28, 2007 | |
|
C054705
|
David A. v. Victor D.
Divorce court has continuing exclusive jurisdiction over custody award terminating natural parent's rights and permitting children's adoption by stepparent. |
Family Law |
|
Oct. 28, 2007 | |
|
B197860
|
Gonzalez v. Munoz
Failure to extend temporary custody order protecting minor child against mother's abuser without establishing paternity violates DVPA. |
Family Law |
|
Oct. 25, 2007 | |
|
A115626
|
Nakamura v. Parker
Facially adequate allegations of domestic violence divest court of discretion to summarily deny application for temporary protective order against former husband. |
Family Law |
|
Oct. 23, 2007 | |
|
G037562
|
County of Orange v. Superior Court (Rothert)
If paternity judgment is established through voluntary declaration of paternity, any challenge to judgment must be made within two years of child’s birth. |
Family Law |
|
Oct. 3, 2007 | |
|
G037889
|
Marriage of Witherspoon
Trial court improperly grants custody of children to mother in Germany without considering exceptions under Hague Convention for substantial risk of harm. |
Family Law |
|
Sep. 30, 2007 | |
|
H030284
|
Marriage of Gray
Apportionment of pension per 'time rule' is reversed where ex-spouses had agreed that court would retain jurisdiction over later in-kind division. |
Family Law |
|
Sep. 24, 2007 | |
|
G038343
|
Q.D., a Minor
Mother's appeal from purported order terminating her parental rights is dismissed where hearing was trailed for further consideration. |
Family Law |
|
Sep. 19, 2007 | |
|
C053225
|
Knabe v. Brister
Stipulation agreeing to transfer exclusive jurisdiction over child support is valid and enforceable even if signed by attorneys, not parties themselves. |
Family Law |
|
Sep. 9, 2007 | |
|
B199111
|
R.S. v. Superior Court (Los Angeles County Dept. of Children and Family Services)
Juvenile court must first determine whether noncustodial father is seeking custody of child before deciding whether he is entitled to reunification services. |
Family Law |
|
Sep. 6, 2007 | |
|
B186946
|
Marriage of Laurenti
Court must determine reasonable compensation for services before ordering mother to pay all fees billed by subsequently disqualified court-appointed evaluator. |
Family Law |
|
Aug. 24, 2007 | |
|
F048970
|
Brothers v. Kern
Convicted murderer cannot avoid child support obligation because he desires to use unearned liquidated assets to pay defense attorney of his choice. |
Family Law |
|
Aug. 15, 2007 | |
|
D047896
|
Marriage of Feldman
Sanction upheld where husband breaches fiduciary duty to disclose material facts and produce documents regarding assets in which community may have interest. |
Family Law |
|
Aug. 8, 2007 | |
|
B189280
|
Marriage of Lafkas
Husband's appeal is dismissed in absence of certificate of probable cause and court order allowing appeal on bifurcated issue. |
Family Law |
|
Aug. 7, 2007 | |
|
S139073
|
Elkins v. Superior Court (Elkins)
Local rule precluding oral testimony and disposing of contested marital property 'quasi by default' through written hearsay declarations violates state law. |
Family Law |
|
Aug. 6, 2007 | |
|
B191613
|
Marriage of M.
Agreement in which husband only pays portion of overdue payments does not release him from remaining arrearages or waive future support. |
Family Law |
|
Jul. 31, 2007 | |
|
D050351
|
Cody B., a Minor
Order denying 'presumed mother' designation based on impermissible collateral attacks on earlier termination judgment does not comply with ICWA. |
Family Law |
|
Jul. 30, 2007 | |
|
B194714
|
Jasmine S., a Minor
Disqualification of discrete unit in concurrent representation of two siblings is improper where court finds potential--but no actual--conflict of interest. |
Family Law |
|
Jul. 26, 2007 | |
|
C053784
|
Marriage of Sareen
California may exercise child custody jurisdiction where wife and child's forced residence in husband's chosen forum did not make India 'home state.' |
Family Law |
|
Jul. 18, 2007 | |
|
D047798
|
County of San Diego v. Arzaga
Trial court errs in finding man was legal father of child under parentage by estoppel, despite genetic findings proving he was not father. |
Family Law |
|
Jul. 4, 2007 | |
|
B193014
|
Cal-Western Reconveyance Corp. v. Reed
Surplus proceeds may satisfy debtor's obligations for child and spousal support arrearages, but not former wife's claim for community property equalization payment. |
Family Law |
|
Jul. 2, 2007 | |
|
D049901
|
Valerie A., a Minor
Juvenile court properly finds adoptability as to twin sisters, finding their adoption outweighed interference with relationship with older half-sister. |
Family Law |
|
Jun. 28, 2007 | |
|
05-16976
|
Beltran v. Santa Clara County
Social workers are entitled to absolute immunity for their actions in preparing, verifying, and filing petitions in dependency court. |
Family Law |
|
Jun. 27, 2007 | |
|
B187770
|
County of Los Angeles v. James
Erroneously declared father is not entitled to reimbursement for child support payments made on child later shown to not be his own. |
Family Law |
|
Jun. 20, 2007 | |
|
A112330
|
Marriage of West
Order reducing spousal support is reversed where it unfairly penalizes wife for failure to invest principal from sale of community asset. |
Family Law |
|
Jun. 20, 2007 | |
|
B194714
|
Jasmine S., a Minor
Juvenile court abuses its discretion by disqualifying legal services agency from representing siblings in dependency proceedings for mere potential conflict of interest. |
Family Law |
|
Jun. 20, 2007 | |
|
B187770
|
County of Los Angeles v. James
Erroneously declared father is not entitled to reimbursement for child support payments made on child later shown to not be his own. |
Family Law |
|
Jun. 20, 2007 | |
|
A112330
|
Marriage of West
Order reducing spousal support is reversed where it unfairly penalizes wife for failure to invest principal from sale of community asset. |
Family Law |
|
Jun. 20, 2007 | |
|
B194714
|
Jasmine S., a Minor
Juvenile court abuses its discretion by disqualifying legal services agency from representing siblings in dependency proceedings for mere potential conflict of interest. |
Family Law |
|
Jun. 20, 2007 |
For reprint rights or to purchase a copy of your Daily Journal photo, email jeremy@reprintpros.com for prices or call 949-702-5390. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com