Latest California Divorce Case Law
The California Family Code is over 8,000 pages and growing. Twice every year there are new codes released. It is up to your attorney to stay updated on the changes. Here is some of the latest California divorce case law that has had a direct impact on child custody, divorce law, and other family law matters:
As of September 17, 2011:
In re Balas and Morales (2011)
DOMA violates same-sex, married debtors' EP rights under 5th Amend. DP clause either under heightened scrutiny or rational basis review-there is no valid governmental for DOMA.
Adoption of B.C. (2011)
FC 9102 applies to any action to set aside an adoption order on any grounds, including extrinsic fraud; FC 9102 does not violate DP, even where mother claimed order void for lack of notice and consent.
Avalos v. Perez (2011)
Trial court erred in renewing DRO for two years rather than the five years required by FC 6345 (a).
Unless expressly waived, atty-client communications are confidential-neither discoverable nor admissible in civil action insofar as they were "for the purpose of, in the course of, or pursuant to, a mediation."
Ceja v. Rudolph Sletten Inc. (2011)
CCP 377.69 requires that alleged putative spouse "believed in good faith" the marriage was valid; Court disagrees with objective test of Vryonis.
Marriage of Davenport (2011)
Lack of civility by party's attorney is an appropriate basis for sanctions.
U.S. v. Doss (2011)
D's appealing to his wife to exercise her marital privilege not to testify against him, without more, was insufficient to establish "corrupt" as opposed to innocent persuasion and witness tampering charge reversed.
F.T. v. L.J. (2011)
When deciding move-away request, court must assume that parent is moving and consider all relevant factors, not just effect on noncustodial parent's relationship with child.
Marriage of Cadwell-Faso v. Faso (2011)
The seven-day waiting period mandated by FC 1615(c)(2) does not apply to parties who are represented by counsel at the outset.
Marriage of Cantarella (2011)
Marriage valid even if parties failed to register certificate.
Marriage of Duris & Urbany (2011)
Sanctions may not be summarily imposed; due process demands more.
Marriage of Fernandez-Abin & Sanchez (2011)
Restraining Order (RO) reversed when CA court did not follow reqs. of FC 3424 when it included Cs w/in RO, and disregarded jurisdiction of Tijuana fam. court in making c/s and visitation rulings in RO order.
Marriage of Fong (2011)
Only "complying party" is entitled to award of sanctions pursuant to FC 2017 (c).
Marriage of Fossum (2011)
Failure to keep promise to add spouse's name to title is breach of fiduciary duty rendering quit claim deed void.
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