Case Summaries
Family Law
[05/09]
Baran v. Beaty
In a case involving a mother who removed her minor son from Australia, denial of father's petition for return of the minor pursuant to the Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act of 1988 is affirmed where: 1) based on evidence of the father's propensity for violence, the district court did not err in concluding that returning the minor to Australia would expose him to a grave risk of psychological harm; and 2) because the court was not presented with any proposed undertakings that could ameliorate the risk of harm to the child under the circumstances presented, the court did not abuse its discretion in denying the petition for return.
[05/06]
In re Domestic Partnership of Ellis and Arriaga
Under the California Domestic Partner Rights and Responsibilities Act of 2003 and consistent with the rationale in Koebke v. Bernardo Heights Country Club, 36 Cal.4th 824 (2005), a person's reasonable, good faith belief that his or her domestic partnership was validly registered with the California Secretary of State entitles that person to the rights and responsibilities of a registered domestic partner, even if the registration never took place.
[05/01]
In re Lesly G.
Denial of a petition for modification, as well as a juvenile court order terminating parental rights under Welf. and Inst. Code section 366.26, are reversed and remanded where the juvenile court failed to hold the required hearing on petitioner's section 388 petition for modification before proceeding to a section 366.26 hearing.
[04/29]
In the Matter of M. S v. E. S.
In a proceeding wherein wife sought an upward modification of maintenance and child support in a written separation agreement, judgment that the parties were bound by the terms of the separation agreement is affirmed where the Family Court lacked subject matter jurisdiction to entertain the spouse's application for increased spousal maintenance.
[04/25]
State of California Dep't of Soc. Servs. v. Leavitt
In a case involving whether the California Department of Social Services (CDSS) complied with an order requiring it to provide for the review of all foster care cases open on or after March 3, 2003, for benefits eligibility under a prior case's construction of a statute determining eligibility for the Aid to Families with Dependent Children-Foster Care program, denial of motions to enforce the judgment is reversed in part insofar as the court failed to address a request to authorize discovery regarding the agencies' compliance. Grant of agencies' motion for relief from judgment as of the date of the implementation of the Deficit Reduction Act (DRA) is affirmed where the district court did not abuse its discretion by allowing the agencies to implement the DRA as Congress intended.
[04/23]
State Dep't of Soc. Serv. v. Superior Court (D.P.)
The juvenile court has the authority to order a dependent child returned to the home of designated prospective adoptive parents when, after a hearing held to determine whether the removal of a child from the home of prospective adoptive parents is in the minors' best interest, the court is of the opinion that an emergency removal occurring some three months earlier was in the minors' best interests but events which occurred since the removal justify returning the minors to the designated prospective adoptive parents' home. Furthermore, section 361.4 of Welf. & Inst. Code does not limit the juvenile court's discretion to order a minor returned to prospective adoptive parents after a hearing held pursuant to section 366.26(n).
[04/22]
Edwards v. Edwards
In a child support case considering the applicability of the statutory support guideline to a competent adult child who has moved away to college, the court of appeals concludes that where neither parent retains "primary physical responsibility" under Family Code section 4055 subdivision (b)(1)(D) of an adult child for any percentage of time, the guideline formula, by its terms, is inapplicable.
[04/21]
Christensen v. Comm'r of Internal Revenue
In a suit for relief from tax liability as an "innocent spouse," summary judgment for the Commissioner of Internal Revenue is affirmed where relief under 26 U.S.C. section 6015(f) is available only to taxpayers who file joint federal income tax returns.
[04/15]
US v. Edelkind
A conviction for conviction for having "wilfully fail[ed] to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 2 years, or is greater than $10,000", is affirmed over claims regarding whether: 1) the statute of limitations bars his conviction; 2) the district court abused its discretion in delaying the trial in violation of the Speedy Trial Act; 3) the district court erred in its jury instructions on "wilfulness"; and 4) there was sufficient evidence for the conviction.
[04/04]
In re Valerie W.
An order terminating parental rights under Welfare and Institutions Code section 366.26 is reversed and remanded where the trial court's finding of adoptability was not supported by substantial evidence.
[03/28]
In re: T.P., Q.P., and A.P.
A judgment terminating parental rights of a mother found an unfit parent is affirmed over claims that the trial court erred by failing to consult with the minors regarding the permanency goals set for the them as required under section 2-28(2) of Juvenile Court Act of 1987.
[03/28]
In re: A.S.B.
The Juvenile Court Act and Adoption Act provides only two ways in which a party can seek to terminate the parental rights of another: 1) file a petition for adjudication of wardship under the Juvenile Court Act; or 2) file a petition to adopt alleging that the consent or surrender of one or both of the parents is not required because the parent is unfit. In a case which the trial court granted a petition to terminate the parental rights of a father on grounds of unfitness, judgment is reversed where the petitioning mother filed neither a petition to adjudicate wardship nor a petition to adopt.
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