The Third Time is the Charm Two wrongs don’t make a right, but at least in a recent California domestic violence case, three appeals justices saw it differently. Usually in domestic violence cases, a judge is not allowed to issue a restraining order against both sides by not saying who is at fault and simply…
The Penalties for Violating a California Custody Order California child custody orders are important. Real important. In other words, they are not just recommendations from a court as to how parents should share their child or children. If it’s not your turn to have the kid(s), but you take them anyway, you could be convicted…
Earlier this month, I wrote about how Family Code section 3064 makes it difficult for courts to address concerns about holiday visitation because the section at issue deals with needing an emergency to make an ex parte order for custody or visitation, and holidays are not emergencies — though understandably important to both parents and…
Last night, I was watching a television drama. Indirectly, the show made reference to one or more characters having to have visitation with their children on a supervised basis. That means a third party, usually a professional, shadows the parent and child to make sure the child is safe during the visitation and that the…
Is a California judge allowed to deny child visitation to a father even if the visitation is supervised. Answer: yes. That’s the message from the Court of Appeal in In re T.M., which was decided last month but certified for publication this week. In T.M., a seven-year-old boy’s mother had died. Years went by, but…
The San Fernando Valley Bar Association devoted the May edition of its Valley Lawyer magazine to family law matters. A couple of interesting articles highlighted some important and related issues to watch out for in a high-conflict divorce: the reluctance of children to participate in visitation with the non-custodial parent; and the situation where the…
