Cases: Family Law

Section 4320 Financial Needs Factors Are Irrelevant in Setting 271 Fee Award.      Family Code section 271 is a sanctions-oriented fee shifting statute, allowing family law judges the ability to assess fees for litigation conduct that is “over the top” in the family law arena. Does a family law judge have to consider the financial

Another Good Appellate Reminder from the Second District, Division 6.      Husband wanted to challenge a $35,000 attorney’s fees award under Family Code section 2030 to wife on appeal. However, he failed to provide any supporting argument or citation to authority in his opening brief. He waited until the reply brief to do so. Too

Sixth District Especially Stresses Rules Relating to Appellate Appendices.      Marriage of Thesing, Case No. H034272 (6th Dist. Feb. 22, 2010) (unpublished) was an appellate decision affirming family law fee awards of $90,000 in favor of wife. Many of the grounds sustaining the fee awards have been reviewed before—failure to timely appeal, failure to specify

Fact that Grandparents Sought Custody in Mexico and Financed Daughter’s California Efforts Did Not Support Fee Award Against Them.      This next case involved a child custody imbroglio that took place in both California and Mexico between a former husband and wife, with wife’s parents (maternal grandparents) helping finance many of her fights—even though custody

  No Abuse of Discretion Where Financial Disparity In Parties’ Income At Issue.      In our category “Family Law,” we have reported on numerous cases awarding attorney’s fees to one side in a dissolution case. As with any other litigation, the circumstances are frequently the real difference in a decision one way or the other.

  Remand to Trial Court Under CRC 3.1702(c) and 8.278(c)(1).      In Bardales v. Duarte, Case No. D048239 (4th Dist., Div. 1 Feb. 8, 2010) (certified for publication), the Court of Appeal affirmed a trial court determination that it had the power to dismiss a petition seeking return of children under the Hague Convention on

No Statutory Bases Existed For Fee Award or “Needs Based” Award Made Without Consideration of Proper Factors.      Former husband was assessed with adverse fee orders in family-related partition and quiet title actions involving his son and ex-wife. He appealed and won in Marriage of Lira, Case No. D054050 (4th Dist., Div. 2 Jan. 15,