Family Law Section

This is a form for the 2023 Family Law Section awards Read more

As to Mother, the Court of Appeal, in dicta, suggested that the trial court could not issue Family Code section 271 sanctions pursuant to its own motion. It noted the absence of such language in Family Code section 271, while also noting that other sanctions statutes explicitly indicate that the trial court could issue sanctions on its own motion. It further noted that in “order to obtain an award under [Family Code section 271], the party requesting an award of attorney’s fees and costs is not required to demonstrate any financial need for the award.” (Emphasis in original.) Read more

The voluntary dismissal of a joinder complaint does not divest the trial court of jurisdiction to award sanctions under Family Code section 271. Although most orders entered after dismissal are void and have no effect, an exception to this rule includes motions related to attorney fees and sanctions. Applying this rule in this manner is consistent with section 271, which is designed to punish parties who have unreasonably increased the cost of litigation. Read more

This was a challenge of the denial of a pendente lite fee order under Family Code section 2030. Though the appellant made a pendente lite fee request, the trial court did not rule on the issue of attorney fees until the conclusion of the trial. The appellate court concluded that the trial court violated Family Code section 2030 by not ruling on the appellant’s attorney fee request, as the statute requires a reasonably prompt ruling on such a request. The failure was prejudicial because the self-represented appellant failed to have a grant deed that would have established a transmutation in her favor admitted during the trial. The appellate court further concluded that, if the appellant was represented by counsel Read more

This is an Indian Child Welfare Act case where inquiry and notice were not properly effectuated in the trial court. After termination of parental rights, the Department (of Children and Family Services) conducted the further ICWA inquiry as required and submitted its findings to the juvenile court and the juvenile court made findings that ICWA noticing and investigation was completed and that the ICWA was inapplicable. Subsequently the Department petitioned to supplement the record with that finding and moved the appellate court to dismiss the appeal as moot. The Appellate court declined. Read more

This case involves domestic violence between the parents in the children’s presence. After an initial voluntary services period, and another incident which father reported to their worker, and an executed adjustment, the Department filed a petition and detained the children. The juvenile court also Read more

During post-permanency (after a permanent plan is chosen following termination of efforts to reunify children with their parents*), mother filed a Welfare and Institutions Code (W&I) §388 petition for additional reunification services. Read more

The 2022 Family Law Awards form can be found here. Read more

The Family Law Executive Committee (FLEXCOM) is seeking new members for our next term. Read more

Recent Family Law Cases [Opinions available at: http://www.courts.ca.gov/opinions-slip.htm] Read more