Family Law News Monthly

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

In this case, the Court of Appeal affirmed an attorney fee and costs order after Husband argued that 1) the trial court erred in denying him an evidentiary hearing; 2) the trial court did not consider the required factors as set forth in Family Code section 2030 et. seq; and 3) the trial court’s ultimate order of $25,000 was not supported by substantial evidence. Read more

In this case, the Court of Appeal considered whether a DVTRO could only be modified within the confines of Code of Civil Procedure section 533. Read more

Recent dependency law cases, current through 6/15/2023. Written by John Nieman. Read more

Recent family law cases, current through 6/20/2023. Written by Andrew Botros, CFLS Read more

Recent dependency law cases, current through 5/22/2023. Written by John Nieman. Read more

Recent family law cases, current through 5/22/2023. Written by Andrew Botros, CFLS Read more

Recent dependency law cases, current through 4/23/2023. Written by John Nieman. Read more

Recent family law cases, current through 4/23/2023. Written by Andrew Botros, CFLS Read more

DEPENDENCY (current through 3/20/2023)By:  John Nieman The precise holdings in a given case are bolded. A.H. v. Superior Court A.H. v. Superior Court03/17/2023, CA 4/3: G061648https://www.courts.ca.gov/opinions/documents/G061648.PDF See summary under FAMILY LAW In re N.M. et al. In re N.M. et al.3/2/23, CA 2/1 B315559https://www.courts.ca.gov/opinions/documents/B315559.PDF Father appealed the granting of sole physical custody upon dismissal. Jurisdiction was originally based upon mother’s driving under the influence of alcohol with a child in the car. Father and mother lived apart then, mother lived… Read more