Family Law

1st District Court of Appeal, Civil Procedure, Constitutional Law, Family Law

Irvine v. Irvine — A pending criminal case did not automatically require delaying a domestic-violence restraining-order hearing

automatic / September 18, 2026

A DVRO respondent facing related criminal charges is not automatically entitled to a continuance; courts must balance self-incrimination concerns against safety, delay, and statutory objectives.

4th District Court of Appeal, Family Law

Marriage of Jessica L. and Sammer Z. — Domestic-violence custody presumption must be independently applied

automatic / September 8, 2026

A California Court of Appeal held that a family court must independently apply the domestic-violence custody presumption rather than treat its rebuttal in another family case as binding.

1st District Court of Appeal, Family Law, Litigation

Marriage of Trousset and Kelley — Family Court Must Make Express Need-Based Fee Findings

automatic / September 4, 2026

A family court must expressly compare access to litigation funds and ability to pay before denying need-based fees under Family Code section 2030.

4th District Court of Appeal, Family Law

In re A.H. — Intervening tribe is presumptively entitled to a guardian’s court-ordered psychological evaluation

automatic / August 31, 2026

An intervening tribe has presumptive statutory access to a guardian’s court-ordered psychological evaluation in an Indian child’s dependency case.

2nd District Court of Appeal, Family Law

Marriage of Traweek — Domestic-violence conviction did not automatically bar spousal support

automatic / August 28, 2026

A domestic-violence conviction creates a rebuttable presumption, not an absolute bar, when a California court decides spousal support.

4th District Court of Appeal, Family Law, Healthcare Law

Marriage of R.M. and P.N. — Parent’s IHSS Caregiver Pay Counts as Support Income

automatic / August 21, 2026

A California Court of Appeal held that IHSS caregiver pay received by a parent counts as gross income when the child’s need established eligibility for the services.

3rd District Court of Appeal, Family Law

In re W.A. — ICWA Inquiry Extends to Adoptive and Biological Relatives

automatic / August 19, 2026

The Third District vacated an ICWA finding because the agency failed to ask available adoptive and biological relatives about possible tribal connections.

4th District Court of Appeal, Civil Procedure, Family Law

In re P.C. — Juvenile Courts May Reject Pro Se Filings From Represented Parents

automatic / August 18, 2026

The Fourth District held that juvenile courts generally may reject substantive pro se filings from represented parties and upheld denial of a mother's section 388 petition.

California Supreme Court, Civil Procedure, Constitutional Law, Family Law

Family Violence Appellate Project v. Superior Court — Indigent litigants must receive a verbatim record in every case

automatic / August 10, 2026

When no court reporter is available, California trial courts must electronically record proceedings so indigent litigants can obtain an official verbatim record in every type of case.

2nd District Court of Appeal, Family Law

In re Miguel J. — Domestic Violence Can Support Dependency Jurisdiction Even When the Child Is Struck Accidentally

automatic / August 3, 2026

Intentional domestic violence in a child’s presence can support dependency jurisdiction even if contact with the child was accidental.

4th District Court of Appeal, Administrative Law, Family Law

In re Violet S. — Eligible nonminor dependent keeps extended foster-care jurisdiction

automatic / July 30, 2026

A juvenile court could not terminate jurisdiction over an eligible nonminor dependent merely because another agency also provided lifelong services.

Ninth Circuit Court of Appeals, Criminal Law, Family Law

United States v. Lopez — California domestic-violence convictions are not categorical crimes of violence

automatic / July 28, 2026

The Ninth Circuit held that Penal Code section 273.5 does not categorically require the mental state needed for a federal crime-of-violence enhancement.

2nd District Court of Appeal, Family Law

In re X.A. — Extensive ICWA Follow-Up Supported Termination of Parental Rights

automatic / July 27, 2026

A documented, extensive inquiry of maternal relatives satisfied California's ICWA duties despite inconsistent ancestry claims and limited family cooperation.

4th District Court of Appeal, Civil Procedure, Family Law

Marriage of G.E. & I.D. — Family courts cannot dismiss DVRO petitions merely to manage crowded calendars

automatic / July 20, 2026

A family court abused its discretion by dismissing a DVRO petition for calendar-management reasons and ending temporary protection without notice.

2nd District Court of Appeal, Estate Planning, Probate and Tax Law, Family Law, Probate

Jackson v. Meyer — Trust Revocation During Divorce Proceedings Valid Despite Failure to File With Court

automatic / July 14, 2026

California's Second District Court of Appeal held that a spouse's trust revocation during pending divorce proceedings is valid even though it was never filed with the court, as long as the other spouse received actual notice of the revocation as required by the trust instrument.

2nd District Court of Appeal, Civil Procedure, Family Law, Litigation

Marriage of Martinez & Camou — Divorce Litigants Must Promptly Invoke Same-Judge Rights When Agreeing to Bifurcation

automatic / July 9, 2026

A California Court of Appeal ruling holds that parties who stipulate to bifurcation in a dissolution case must promptly raise any same-judge objection or face Family Code section 271 sanctions — waiting eight months while attending multiple trial setting conferences is not timely.

2nd District Court of Appeal, Family Law

In re Landon M. — Appeal Dismissed as Moot; Court Clarifies That Allowing Armed Father Access Does Not Constitute Reportable ‘Severe Neglect’ Under CACI

automatic / July 2, 2026

The Second District dismisses a mother's dependency appeal as moot after the juvenile court terminated jurisdiction and granted her sole custody, holding that allowing a father with known guns access to children constitutes 'general neglect' — not the 'severe neglect' that would trigger a reportable CACI listing.

4th District Court of Appeal, Civil Procedure, Family Law

In re N.J. — Implied Findings Doctrine Supplies Missing Presumed Father Finding in Dependency; ICWA Remand Required

automatic / June 26, 2026

The Fourth District holds that where a juvenile court treats a father as a presumed father throughout dependency proceedings without expressly saying so, the implied findings doctrine satisfies the requirement — but an explicit finding must be directed on remand, alongside mandatory ICWA compliance.

2nd District Court of Appeal, Family Law, Litigation

R.M. v. A.G. — Court Errs by Ignoring Indirect Harassment in Domestic Violence Restraining Order Hearing

automatic / June 25, 2026

A trial court abused its discretion in a domestic violence restraining order case by refusing to consider whether the respondent's humiliating social media posts and calls to the petitioner's mother constituted indirect abuse that "disturbed the peace" under the Domestic Violence Prevention Act.

1st District Court of Appeal, Family Law, Real Estate Law

Marriage of McConnell & Jahnke — Awarding a Home ‘and All Debts Thereon’ Does Not Require Removing Ex-Spouse from Mortgage

automatic / June 5, 2026

The First District holds that a divorce settlement awarding one spouse the marital home 'and all debts thereon' does not implicitly require removing the other spouse from the mortgage, reinforcing that such obligations must be explicitly stated.

4th District Court of Appeal, Family Law, Litigation

In re A.T. — Child Must Be Under Five at Time of Jurisdictional Hearing for Section 300(e) to Apply

automatic / June 5, 2026

In a case of first impression, the Fourth District holds that section 300(e) juvenile dependency jurisdiction requires the child to be under five at the time of the hearing, not when the abuse occurred — reversing findings against a child who turned five before the hearing.

1st District Court of Appeal, Family Law, Personal Injury & Tort

C.F. v. Alternative Family Services — Foster Family Agency Owes Duty to Protect Children from Abuse It Knew or Should Have Known About

automatic / June 4, 2026

The First District affirmed a $24.7 million verdict against a foster family agency, holding that FFAs have a duty to protect foster children from abuse they knew or should have known about, but rejecting both an unlimited protective duty and one requiring actual knowledge.

3rd District Court of Appeal, Civil Procedure, Family Law

Marriage of Capos — Ex-Husband Cannot Void $768K Child Support Arrearage Order He Opposed on the Merits

automatic / May 29, 2026

The Third District holds that an ex-husband who filed a written opposition to a child support arrearage request cannot later void the resulting $768K order by claiming defective notice based on unchecked Judicial Council form boxes.

2nd District Court of Appeal, Family Law

In re K.L. — DCFS Not Required to Track Down Unavailable Relatives for ICWA Inquiry

automatic / May 29, 2026

The Second District holds that DCFS satisfied its ICWA initial inquiry duty despite not reaching the maternal grandmother, who was unreachable and whose contact information a relative declined to share.

4th District Court of Appeal, Collections & Creditor Rights, Family Law, Litigation

Greely v. Greely — Void Bigamous Marriage Defeats Spousal Exception for Bank Account Levies

automatic / May 20, 2026

The Fourth District held that a judgment creditor cannot use the spousal exception to levy a third party’s bank accounts without a court order when the marriage supporting the levy was bigamous and void from its inception.