Recent Posts in Abuse of Trial Court Discretion Category
Posted on Feb 19, 2013 By Michael C. Peterson
TIPS FOR CHALLENGING TRIAL COURT RULINGS: AN OVERVIEW OF NON-APPEAL MECHANISIMS, AND THEIR GROUNDS AND PROCEDURES So you have been given a decision in your case and you don't like all or part of ...
Continue reading "I Am UNHAPPY With The FAMILY COURT'S RULING. What Can I Do?" »
Posted on Aug 16, 2011 By Thurman Arnold, CFLS
Marriage of Margulis, Part 2 - Duties of Managing Spouses Please see Part I of my evaluation of IRMO Margulis as the launching point for understanding the appellate court's outline of interspousal ...
Continue reading "Marriage of MARGULIS - Fiduciary Duties of MANAGING SPOUSES" »
Posted on Aug 15, 2011 By Thurman W. Arnold, C.F.L.S.
Marriage of Margulis ( 8/11/2011) 198 Cal.App.4th 277 Part One I am always pleased to report cutting edge rulings by our appellate courts, and this is one of the most important decisions in recent ...
Continue reading "IRMO MARGULIS - Managing Spouse Has BURDEN OF PROOF To Explain MISSING ASSETS" »
Posted on May 3, 2011 By Thurman Arnold, C.F.L.S.
Parental Relocations and Move-Away In response to a recent article I posted about the case of F.T. vs. L.J., the mother of the Mother in Mark T. vs. Jaime Z. submitted a comment about a new reversal ...
Continue reading "San Diego Trial Court REVERSED (Again) in MOVE-AWAY Case" »
Posted on May 2, 2011 By Thurman Arnold, CFLS
Q. I had to get DV orders against my child's mother because of her violent behavior. The court mediator has since recommended week off, week on visitation to her of our 9 year old, but sole legal ...
Continue reading "I Have DOMESTIC VIOLENCE Restraining Orders Against My Child's Mother: The Family Court Services Mediator Recommended a Week Off/Week On VISITATION Schedule. Is This Right?" »
Posted on Apr 11, 2011 By Thurman W. Arnold, III, C.F.L.S.
F.T. vs. L.J. (2011) 194 Cal.App.4th 1 On April 6, 2011, the California Fourth Appellate District, Division One, in a strongly (and painfully) worded opinion reversed a San Diego trial judge's ...
Continue reading "San Diego Trial Court REVERSED for Failing to Exercise An "INFORMED DISCRETION" in Refusing to Permit Sole Legal Custody Father Who Had PRIMARY PHYSICAL CUSTODY to MOVE OUT OF STATE" »
Posted on Mar 14, 2011 By Thurman Arnold, CFLS
Visitors to my websites know that I am biased in favor of mediation, believing that parties to litigation involving their family should opt to resolve their disputes themselves rather than undertake ...
Continue reading "FAMILY LAW SANCTIONS and DUE PROCESS: Santa Barbara Trial Court Reversed in IRMO DURIS" »
Posted on Mar 7, 2011 By Thurman Arnold, CFLS
Given the 2011 changes to the California Family Code brought about by the recommendations of the Elkins Task Force, you need to know about something called a "statement of decision". This is ...
Continue reading "Making DIVORCE JUDGES ACCOUNTABLE - What Is A STATEMENT OF DECISION?" »
Posted on Mar 5, 2011 By Thurman Arnold
The Preliminary Declaration of Disclosure I've recently blogged the importance of complying with Family Code section 2103 and section 2104, which obligate both parties to a pending dissolution, ...
Continue reading "SANCTIONS For Failure to Complete the FINAL DECLARATION OF DISCLOSURE" »