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Modification: Marriage of Zucker
Courts may use the time of enforcement or execution of a premarital agreement when determining whether spousal support limitations of premarital agreements executed between 1986 and 2002 are unconscionable.
Family Law 2DCA/4 Apr. 5, 2022
M.S. v. A.S.
Trial court did not abuse its discretion by including couple's children in a domestic violence restraining order because there was substantial evidence of good cause supporting children's inclusion in the order.
Family Law 1DCA/3 Apr. 1, 2022
Haley v. Antunovich
Trial court did not abuse its discretion in ordering a mother to seek employment as in the best interest of the child because substantial evidence supported the seek-work order.
Family Law 1DCA/3 Mar. 30, 2022
City and County of San Francisco v. H.H.
A trial court erred by ordering a visitation schedule where child lived with each parent half of the time after finding father's domestic violence triggered the presumption awarding sole custody to mother.
Family Law 1DCA/2 Mar. 22, 2022
Adoption of E.B.
Trial court incorrectly applied Family Code Section 7612, which controls disputed parentage claims, to adoption where biological parents agreed to place their child with a third parent while retaining parental rights.
Family Law 3DCA Mar. 18, 2022
Ramsden v. Peterson
The trial court properly applied best interests of the child standard and approved parent's move-away request when she showed that changes in circumstances supported that it was in the child's best interests.
Family Law 2DCA/6 Mar. 16, 2022
Abdelqader v. Abraham
A trial court erred by failing to provide a statement of reasons addressing why the rebuttable presumption, arising in any situation in which a finding of domestic violence has been made, had been rebutted.
Family Law 4DCA/1 Mar. 11, 2022
Marriage of Zucker
Courts may use the time of enforcement or execution of a premarital agreement when determining whether spousal support limitations of premarital agreements executed between 1986 and 2002 are unconscionable.
Family Law 2DCA/4 Mar. 8, 2022
Shenefield v. Shenefield
Under Family Code Section 3111(d), attorneys may be sanctioned for unwarranted disclosure of a confidential custody evaluation.
Family Law 4DCA/1 Mar. 1, 2022
Marriage of Thompson
First in time rule for jurisdiction only applies when court has both in rem and in personam jurisdiction.
Family Law 3DCA Jan. 31, 2022
In re M.F.
Statutory prescribed limits for length of foster care must be adhered to, even if duration of reunification services are reduced.
Family Law 6DCA Jan. 24, 2022
Marriage of Brubaker and Strum
Trial court erred in concluding that issue preclusion applied when issue heard in family law court differed from issue in trial court regarding a domestic violence restraining order.
Family Law 2DCA/7 Jan. 5, 2022
Marriage of Reichental
In a dissolution proceeding, where parties stipulate the appointment of a temporary judge to hear and determine the matter, issuance of a domestic violence restraining order falls within the scope of allowable actions.
Family Law 2DCA/6 Dec. 30, 2021
Modification: C.T. v. K.W.
A mother was eligible for attorneys fees because a child support action and custody action were related actions.
Family Law 1DCA/4 Dec. 15, 2021
Adoption of S.S.
A family law court had jurisdiction to amend adoption orders to include a post adoption contract agreement in the exercise of its equitable powers.
Family Law 1DCA/3 Dec. 14, 2021
Marriage of Kahan and Diamond
When ruling on a request to modify spousal support, the court is not required to articulate how it considered each factor in making its decision.
Family Law 2DCA/5 Dec. 13, 2021
C.T. v. K.W.
A mother was eligible for attorneys fees because a child support action and custody action were related actions.
Family Law 1DCA/4 Nov. 17, 2021
Noble v. Superior Court (Noble)
A family court was required to make the findings necessary to rebut the statutory presumption against an award of custody to a father who had perpetrated domestic violence against the mother.
Family Law 5DCA Nov. 16, 2021
In re D.M.
A matter involving the termination of parental rights was remanded to consider the parental-benefit exception.
Family Law 2DCA/8 Nov. 3, 2021
K.L. v. R.H.
Courts must consider the history of domestic violence when evaluating whether both parties were primary aggressors.
Family Law 4DCA/3 Oct. 28, 2021
Colchester v. Lazaro
Even though the Hague Convention emphasizes expeditiousness, courts must be mindful of complaining litigant's discovery requests, especially in situations involving abuse.
Family Law 9th Oct. 25, 2021
Marriage of Pletcher
The trial court erred when it calculated pendent lite spousal support based on one abnormally high year of income.
Family Law 4DCA/3 Sep. 13, 2021
Ashby v. Ashby
In domestic violence restraining order context, challenging sufficiency of evidence requires setting forth, discussing and analyzing both favorable and unfavorable evidence.
Family Law 4DCA/3 Sep. 2, 2021
Marriage of Ramsey and Holmes
Where it is undisputed that there is community property interest in real property, both spouses are obligated to ensure that family court has information necessary to determine that interest.
Family Law 2DCA/4 Aug. 19, 2021
Knapp v. Ginsberg
Summary judgment not appropriate where a triable issue exists as to whether party to a Premarital Agreement was represented as required Family Code 1615.
Family Law 2DCA/4 Aug. 9, 2021
Marriage of L.R. and K.A.
Mother's poor co-parenting did not amount to level of destroying Father's 'mental and emotional calm' to constitute abuse under Domestic Violence Prevention Act.
Family Law 4DCA/1 Jul. 28, 2021
M.M. v. D.V.
Family Code Section 7612(c) requires biological father seeking third parent status to show existing relationship with child.
Family Law 4DCA/1 Jul. 20, 2021
Marriage of F.M. & M.M.
Trial court erred in refusing to consider evidence of father's alleged abuse after temporary restraining order was issued because it was relevant to mother's domestic violence restraining order request.
Family Law 1DCA/1 Jun. 7, 2021
Marriage of Emilie D.L.M. and Carlos C.
Family law court properly found ameliorative measures would be ineffective in reducing grave risk of harm to children because petitioner refused to acknowledge his excessive drinking or abusive behavior.
Family Law 2DCA/6 Jun. 2, 2021
Marriage of Kelpe
Spouse's post-separation retirement benefit was his separate property because he was not eligible for it until his post-separation entry into partnership.
Family Law 6DCA May 12, 2021