California Lawyers Association

Family Law News Monthly

Articles from the Family Law News Monthly

DEPENDENCY (current through 12/17/2023) By:  John Nieman The precise holdings in a given case are bolded. In re K.B. et al.11/30/23, CA 1/2 A167385 Mother appealed the trial court’s due-diligence finding of the search for relative placement options at Disposition as required by Welfare & Institutions Code (W&I) §358 & §309. The appellate court rejects the contention that mother forfeited her standing to appeal by failing to object to the findings. It reasons that the mandates of W&I §309 are… Read more
In this partially published opinion, the Court of Appeal affirmed the trial court’s determination regarding the non-binding nature of the 2010 Hindu marriage ceremony between V.K. and V.S. under India’s Hindu Marriage Act of 1955. Consequently, as this marriage was not “valid by the laws of the jurisdiction in which the marriage was contracted,” it also lacked validity in California under Family Code section 308. The Hindu Marriage Act's inability to legally bind V.K. because he was a non-domiciliary of India and a permanent resident of the United States was dispositive here. Read more
Recent dependency law cases, current through 10/21/2023. Written by John Nieman. Read more
Recent family law cases, current through 10/25/2023. Written by Andrew Botros, CFLS Read more
Each year, FLEXCOM tracks family law bills and meets about four times before the end of the legislative session in September to discuss the bills. As part of that process, FLEXCOM members contact the authors’ office to obtain information about bills, then FLEXCOM meets to discuss the bills. Read more
In this case, the Court of Appeal reversed the trial court’s post judgment order granting a request from Father to enroll the children into public school. At the time he made that request, however, Mother had sole legal custody. Since Mother had the sole “right and the responsibility to make the decisions relating to health education, and welfare of” the children under Family Code section 3006, Father was not permitted to request that the trial court order Mother to enroll the children in public school. To obtain joint legal custody, he would have to show a significant change in circumstances. The record, however, did not reflect that the trial court made such a finding. Accordingly, the trial court abused its discretion. Read more

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