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…
In a California dissolution, the Court will make custody and visitation orders regarding the minor children (to be discussed under Part 7(a) – (c). Before it can make such orders, the Court must first determine if it has jurisdiction (the power or authority) to make such orders. If…
On December 11, 2013, this blog discussed Lozano v. Alvarez , an international family law case at the Supreme Court. The Court issued its unanimous decision today. The Court ruled that the Hague convention’s one-year requirement to file a claim is not equitably tolled (i.e.paused) even if the removing parent…
Family law is back at the Supreme Court. This morning, the Court heard Lozano v. Alvarez, a case concerning the Hague Convention on the Civil Aspects of International Child Abduction (the “Hague Convention”) and an international custody dispute. In brief, two Colombian parents had been living in England….
After parties reach a Judgment in their dissolution (divorce) either by trial or settlement agreement, they may not necessarily be done dealing with each other. DO’s Modification: Parties may return to Court if circumstances change. If a party’s salary changes and the parties cannot reach agreement on a…
Simon Cowell’s (of American Idol fame) girlfriend and the mother of his child-to-be, Lauren Silverman, recently finalized her divorce in New York. Click here for details. According to news outlets, the terms of the divorce require that neither parent “talk trash” about the other parent in front of their…
In Pennsylvania, a judge recently ordered a mother to stop breastfeeding so that the father could have overnights with their 10-month old child. Click here for the link to the story at sfgate.com. Could this happen in California? If the parents cannot agree to a custody and visitation…