Family Law Section

FAMILY LAW (current through 1/20/2023)By:  Andrew Botros, CFLS The precise holdings in a given case are bolded. Destiny C. v. Justin C. 01/19/2023, CA 4/1: D553087 https://www.courts.ca.gov/opinions/documents/D079123.PDF Family Code section 3044 creates a rebuttable presumption against awarding custody of a child upon “a finding by the court that a party seeking custody of a child has perpetrated domestic violence within the previous five years…” This five-year period runs backwards from the date of the trial court’s custody ruling, not from… Read more

Do you ever wonder if you can propound discovery in a domestic violence action? Are you curious about where to start? The benefit and impact of different discovery devices? Read more

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

Join this program will explore the various psychological, emotional and behavioral dynamics which exist in cases where a child is resistant or refusing contact with a parent. 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

Understanding the various types of illiquid investments that increasingly are part of the divorce process and how best to deal with them in divorce proceedings. Read more

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Stock prices are collapsing, and our clients’ community wealth is vanishing.  The Federal Reserve is restricting monetary policy, inflation is a beast, and venture capital is drying up. Read more