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C.C. v. L.B.
Sperm donor lacked standing to seek presumed parent status under Family Code Section 7611 because he knowingly consented to terminating his parental rights.
Family Law 2DCA/6 Nov. 27, 2024
Modification: Mercado v. Superior Court (Wolf)
Granting vocational evaluations orders requires a showing that the evaluation would be in the children's best interests and that the other party has the ability and opportunity to earn income.
Family Law 4DCA/3 Nov. 26, 2024
Mercado v. Superior Court (Wolf)
Granting vocational evaluations orders requires a showing that the evaluation would be in the children's best interests and that the other party has the ability and opportunity to earn income.
Family Law 4DCA/3 Nov. 25, 2024
In re Baby Girl R.
Juvenile courts are not mandated to deny reunification following a finding that the whereabouts of the parent are unknown.
Family Law 6DCA Nov. 13, 2024
Marriage of Diamond
Spouse seeking to set aside judgment due to mental deficit failed to provide evidence of mental incapacity.
Family Law 2DCA/7 Nov. 7, 2024
Marriage of Saraye
Trial court did not abuse its discretion in denying reimbursement of child support overpayment after weighing appropriate factors, including request's extreme tardiness.
Family Law 2DCA/8 Nov. 1, 2024
In re G.R.
An alleged father had no standing as an aggrieved party to an order requiring his visits be monitored.
Family Law 2DCA/8 Oct. 29, 2024
In re Marriage of Shayan
Judgment for attorney fees entered by the family court did not expire until fully satisfied, so writ of execution issued more than 10 years after the judgment's entry was proper.
Family Law, Civil Procedure 2DCA/8 Oct. 29, 2024
E.G. v. M.L.
Social media posts revealing personal information (doxxing) of a parent's former romantic partner constituted the course of conduct necessary to grant a restraining order.
Family Law 6DCA Oct. 7, 2024
Marriage of Cady and Gamick
Welfare and Institutions Code Section 12350 does not absolve parents of the duty to support an adult disabled child under Family Code Section 3910.
Family Law 2DCA/1 Sep. 26, 2024
C.C. v. D.V.
Stipulated restraining order was a finding that restrained party had perpetrated domestic violence, triggering statutory rebuttable presumption that awarding the perpetrator custody was detrimental to the best interest of the child.
Family Law 1DCA/3 Sep. 18, 2024
Cardona v. Soto
Trial court's failure to record, or otherwise inform father of the substance of, daughter's in-chambers testimony violated father's due process rights in domestic violence proceeding.
Family Law 1DCA/1 Sep. 18, 2024
Feehan v. Superior Court (Seto)
Courts have the authority to issue pendente lite visitation when a petitioner makes a prima facie case for parentage.
Family Law 1DCA/3 Sep. 17, 2024
Malinowski v. Martin
Dashcam evidence of communications during supervised exchange of children involved in a domestic violence dispute was not confidential under the Privacy Act.
Evidence, Family Law 1DCA/3 Aug. 26, 2024
Bijan Boutiques v. Isong
Trial court judgment in divorce proceeding awarding defendant with the only marital property located in the United States was not subject to Uniform Voidable Transactions Act.
Family Law 4DCA/3 Aug. 15, 2024
In re A.P.
It was error to deny Mother's restraining order request where there was uncontested evidence Father had committed domestic violence against her and one of her children.
Family Law 2DCA/1 Jul. 30, 2024
Modification: Marriage of Wiese
Family Code Section 1101, pertaining to spousal fiduciary duties, only encompasses breaches relating to community property and not separate property.
Family Law 4DCA/3 Jul. 18, 2024
Marriage of Wiese
Family Code Section 1101, pertaining to spousal fiduciary duties, only encompasses breaches relating to community property and not separate property.
Family Law 4DCA/3 Jun. 24, 2024
In re Andrew M.
A showing that the child would derive a connection to a larger extended family was not a sufficient basis to preserve parental rights and reject proceedings for a permanent adoption.
Family Law 4DCA/3 Jun. 13, 2024
Bailey v. Murray
Domestic violence defendant was not denied due process.
Family Law 4DCA/2 Jun. 7, 2024
Mueller v. Mueller
A confidentiality clause in an agreement that repeatedly and explicitly stated that it created no enforceable rights was not enforceable.
Contracts, Family Law 1DCA/5 Jun. 4, 2024
Marriage of Dadashian
Because one spouse had exclusive access and information to couple's asset, trial court was required to apply *Margulis* to shift burden on managing spouse to account for missing asset.
Family Law 1DCA/2 May 30, 2024
G.G. v. G.S.
A domestic violence restraining order should be renewed in the absence of intentional violations of the initial order if the protected person had a reasonable apprehension of future abuse.
Family Law 2DCA/4 May 30, 2024
Bassi v. Bassi
Domestic violence restraining order was not struck even though some of anti-SLAPP movant's activity was protected because restraining order petition had requisite minimal merit.
Anti-SLAPP, Family Law 6DCA May 10, 2024
Br. C. v. Be. C.
Non-consensual recordings of husband's verbal abuse were admissible evidence in domestic violence restraining order proceedings because of statutory exception for recordings made by victims seeking such restraining orders.
Family Law 3DCA Apr. 8, 2024
N.M. v. W.K.
When a petitioner seeks a domestic violence restraining order, a respondent who has already responded to the petition is not entitled to a continuance of the hearing on the request "as a matter of course."
Family Law 1DCA/3 Mar. 22, 2024
In re P.L.
Father forfeited right to contest visitation order on appeal by failing to raise the issue before the juvenile court during repeated hearings that Father attended with counsel before that court.
Family Law 4DCA/1 Mar. 11, 2024
Modification: Marriage of Whitman
Trial court erred in holding community property responsible for civil penalty imposed due to spouse's illegal insider trading during the marriage.
Family Law 1DCA/2 Jan. 30, 2024
Marriage of Gilbert-Valencia and McEachen
Family court awarding 100 percent of net proceeds from quasi-marital property sale without finding of malice, fraud or oppression as to fiduciary duty breach, was an abuse of discretion.
Family Law 3DCA Jan. 3, 2024
Marriage of Whitman
Trial court erred in holding community property responsible for civil penalty imposed due to spouse's illegal insider trading during the marriage.
Family Law 1DCA/2 Jan. 3, 2024