Domestic violence has reared its ugly head in the news recently. There are resources for victims of domestic violence. For resources in Alameda County, click here; Contra Costa County, click here. The legal system also addresses domestic violence in the family law court system. Victims can request Domestic…
The New York Times recently published an opinion piece entitled “Beyond Marriage“. The author discusses the reduction in the number of marriages (and possible causes), but cites studies that say: 40% of children are born outside of marriage. The author suggests a number of ways to assist these mothers…
When divorcing parents (or parents in a parentage action) who share joint legal custody cannot agree on how to raise their child(ren) (whether it be faith, school choice, or sports), one or both parents may ask the court for assistance. California already requires parents to attend court-ordered mediation…
The 9th Circuit recently ruled that the “habitual residence” of a child is based on the “shared, settled intent of the parents.” In other words, where did the parents intend for the child to live. The habitual residence is important in Hague international custody cases for a number…
US parents who are fighting for the return of their children to the United States received some legal help with the passage of the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014. The law, signed by President Obama on August 8, 2014, was…
When a judge makes an order, it is not optional. A party can certainly appeal a decision, but an order is an order – even if the judge orders you (or your attorney) to meet and confer to discuss an issue. Failure to talk to opposing counsel…
Certain marriages are void at the start; it’s as if they never happened. Incestuous and bigamous marriages are void at the outset. Family Code §§ 2200, 2201. But just because the marriage “never happened”, it’s still possible that the parties may have acquired the rights of a putative spouse…
You’ve married. And now you want to get divorced. Or maybe legally separated. What’s the difference? A judgment of dissolution (aka divorce) means the parties are back to being unmarried and can re-marry if they so choose. Fam. Code § 2300. If the parties choose to be “legally separated”…
California judges are required to abide by the Code of Judicial Ethics. If Florida has a similar code, the criminal law judge shown in this video may have some explaining to do. A California judge acting like the one in Florida could be removed for cause. However, the…
Generally speaking, information you share with your attorney is protected by the attorney-client privilege. Evidence Code § 954. However, an exception applies if the client wants help committing crime or fraud. Evidence Code § 956. In those cases, the information is not protected. The 956 exception does not cover information…