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In re Roger S.
Under Welfare and Institutions Code Section 300(b), continuously having foul body odor and dirty clothes as school, does not indicate that a child is at substantial risk of physical harm or illness. 		Family Law 2DCA/1 Jan. 25, 2019
In re Marriage of Begian & Sarajian
Family Code Section 852(a) creates a presumption that transactions between spouses are not "transmutations," unless evidence in a transaction document definitively reveals the adversely affected spouse's intentions to transmute their property. 		Family Law 2DCA/3 Jan. 23, 2019
County of Riverside v. Estabrook
Under Family Code Section 7551, genetic testing was mandatory because there was a civil proceeding, paternity was a relevant fact, it was timely requested by a party, and testing would be for father. 		Family Law 4DCA/2 Jan. 9, 2019
Modification: W.M. v. V.A.
Trial court erred when it found it could not exercise its jurisdiction under Uniform Child Custody Jurisdiction and Enforcement Act; notice and opportunity to be heard was not given. 		Family Law 2DCA/8 Jan. 4, 2019
Modification: S.Y. v. Superior Court
Abuse of discretion to rely on English fluency when deeming past domestic abuser rebutted presumption that granting him custody would be to child's detriment; but, overall, factors support such a finding. 		Family Law 4DCA/1 Dec. 21, 2018
Marriage of T.C. and D.C.
When a spousal support order is governed by a Marriage Settlement Agreement, the court must take into account the intent and reasonable expectations of the parties prior to modification. 		Family Law 4DCA/1 Dec. 20, 2018
W.M. v. V.A.
Trial court erred when it found it could not exercise its jurisdiction under Uniform Child Custody Jurisdiction and Enforcement Act; notice and opportunity to be heard was not given. 		Family Law 2DCA/8 Dec. 17, 2018
Marriage of Martindale & Ochoa
Domestic violence prevention restraining orders may be renewed upon the request, without showing any further abuse, provided the issue currently presented is the same as the issue in the prior proceeding. 		Family Law 1DCA/5 Dec. 17, 2018
S.Y. v. Superior Court
Abuse of discretion to rely on English fluency when deeming past domestic abuser rebutted presumption that granting him custody would be to child's detriment; but, overall, factors support such a finding. 		Family Law 4DCA/1 Nov. 26, 2018
In re Marriage of Davila and Mejia
On appeal if an appellant does not cite to legal authority when contending that the trial court has erred the issues are subject to forfeiture. 		Family Law 2DCA/7 Nov. 20, 2018
C.A. v. C.P.
Trial court properly establishes that child has three parents in rare case where finding otherwise would be detrimental to child. 		Family Law 3DCA Nov. 15, 2018
In re Bruno M.
Evidence that a restrained person has destroyed the mental/emotional calm of another party allows that party to be included in a permanent restraining order, regardless of whether physical harm occurred. 		Family Law 2DCA/3 Nov. 6, 2018
S.V. v. Superior Court
The statutory language of Welfare & Institutions Code Section 361.5(b)(3) indicates that any additional abuse need not be directed at the child at issue for the court to refuse reunification services. 		Family Law 4DCA/2 Oct. 26, 2018
In re Maria Q.
Under Welfare & Institutions Code Section 366.26, permanent placement with a fit and willing relative is disfavored if any other permanency plan is available, such as, adoption by the foster parents. 		Family Law 4DCA/1 Oct. 24, 2018
R.B. v. D.R.
Under the UCCJEA, if California is the home state of a child, a California court has exclusive jurisdiction, however, once a court finds that California is an inconvenient forum, another state thereby gains exclusive jurisdiction. 		Family Law 4DCA/2 Oct. 15, 2018
In re A.S.
Under the ICWA, tribal customary adoption is intended to provide an Indian child with the same stability and permanency as traditional adoption, without the termination of parental rights. 		Family Law 4DCA/1 Oct. 15, 2018
Marriage of Morton
The trial court erred when it excluded husband's income tax returns from his net income available for child support. 		Family Law 5DCA Sep. 28, 2018
Estate of Obata
Probate court correctly ruled that California law recognizes the Japanese practice called 'yoshi-engumi' as an adoption within the meaning of Probate Code Sections 6450 and 6451. 		Family Law 1DCA/3 Sep. 28, 2018
In re Molly T.
The disentitlement doctrine is not only applicable to disobedience of an order being appealed; it also applies to 'egregious' conduct that frustrates a juvenile court from carrying out its orders. 		Family Law 4DCA/2 Sep. 26, 2018
Melissa G. v. Raymond M.
The trial court erred when it interpreted Family Code Section 6305 as not requiring factual findings when two parties seek restraining orders against each other based on separate incidents. 		Family Law 2DCA/5 Sep. 24, 2018
In re Marriage of Kushesh & Kushesh-Kaviani
An interspousal transfer grant deed was a valid transmutation of community property into wife's separate property because the writing contained enough 'magic words.' 		Family Law 4DCA/3 Sep. 24, 2018
In re N.G.
Juvenile courts and protective agencies have 'an affirmative and continuing duty to inquire' whether a child is or may be an Indian child if a Section 300 petition is filed. 		Family Law 4DCA/2 Sep. 24, 2018
Marriage of Macilwaine
Under 'extraordinary earner provision' of Family Code, court must consider standard of living 'attainable' based on parent's income; court should not apply general objective standard. 		Family Law 1DCA/2 Aug. 24, 2018
Jaime G. v. H.L.
Judgment granting domestic abuser joint custody and majority of visitation time reversed and remanded where court fails to address each of Family Code Section 3044's seven factors in statement of reasons for rebutting Section 344 presumption. 		Family Law 2DCA/7 Aug. 2, 2018
Y.H. v. M.H.
Family Code Section 4504(b) permits 'retroactive child support credit from [a] lump-sum payment where there is no child support arrearage.' 		Family Law 4DCA/1 Jul. 19, 2018
In re Marriage of Binette
A trial court didn't violate Family Code Section 217 by not including live testimony during a hearing to set aside a default judgment, where both parties were present at the hearing, and represented by counsel. 		Family Law 4DCA/2 Jul. 3, 2018
In re Sofia M.
Court’s inability to persuade child to visit her mother does not amount to error. 		Family Law 4DCA/3 Jun. 28, 2018
Sveen v. Melin
Retroactive application of Minn. Stat. Section 524.2-804 (1) does not violate federal constitution’s contracts clause. 		Family Law USSC Jun. 12, 2018
Modification: Marriage of Turfe
Dissolution of marriage judgment stands where court properly denies request for annulment in face of a lack of clear and convincing evidence supporting contention that wife defrauded husband. 		Family Law 2DCA/3 Jun. 11, 2018
Marriage of Spector
Court's reconsideration of its initial order is proper where court's inherent authority to reconsider its own ruling extends to final orders and where reconsideration is limited to evidence related to parties' original motion. 		Family Law 3DCA Jun. 6, 2018
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