Barefoot Blog

 

New California Supreme Court Ruling

Filed 7/20/15 IN THE SUPREME COURT OF CALIFORNIA In re Marriage of SHERYL JONES DAVIS and KEITH XAVIER DAVIS. In a marital dissolution proceeding, a court determines the division of property between the spouses by first characterizing the parties‘ property as...

Minor’s Counsel Part 1 – Rights and Duties

RIGHTS AND DUTIES OF MINOR’S COUNSEL This will be the first in a series about the position of Minor’s Councel. In Family Law cases, pursuant Family Code §3150(a) the child’s counsel is charged with the representation of the child’s best interest. Duties: The role of...

Parental Alienation

It’s easy to look up Parental Alienation to get acquainted with Parental Alienation Syndrome and the damage it causes. A google search of Parental Alienation yields a fortune of information including a wikipedia entry about Parental Alienation, an article titled...

Educating the Courts about Special Needs

Children with special needs are some of the most vulnerable members of our society. We, as a society, have a duty to ensure that they are protected and treated fairly. To that end, the family court systems are in great need of information about this population. The...

Attorney’s Fees

ATTORNEY'S FEES Family Code Section 2030(a)(1) states that each party in a marriage dissolution has the right to legal representation and that the court preserves this right by ordering the party with access to funds to pay the fees of the other party. Family Code...

In Camera Review

In Camera Review The term “in camera” is latin for “in chambers” and is a legal proceeding when a hearing or evidence is presented before a judge in private chambers. Often this process is used to protect a victim or witness from the consequences of public airing of...

Fiduciary Duties

Fiduciary Duties If a couple is going through a dissolution of their marriage, each party is required to produce all financial records to the other. CFC §2101(a)(3) states: (a) From the date of separation to the date of the distribution of the community or...

Custody Evaluations

CUSTODY EVALUATIONS One tool the parties involved in resolving a custody dispute can use is a CUSTODY EVALUATION. A custody evaluation typically has two parts. The first is a report which resulting from an evaluation which may include a series of psychological tests,...