Family
Nov. 11, 2009
'Compelling Circumstance,' a Better Rule
Stacy Phillips, Karnig Greg Dukmajian and Jacqueline Shaprow of Phillips, Lerner, Lauzon & Jamra suggest a new standard for child custody battles.
FAMILY
By Stacy Phillips, Karnig Greg Dukmajian and Jacqueline ShaprowInstead of engaging in legal fiction, the court in Niko v. Foreman, 144 Cal.App. 4th 344 (2006) should have endeavored to create new law. Perhaps the answer is not to jettison the "change of circumstances" rule, but to make the rule less restrictive in move-away cases in which the parents have an equal or nearly equal custodial timeshare arrangement. One way to accomp...
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