“If ever there was a case where the adage ‘be careful what you wish for’ applied, this is surely it,” Judge P.J . Moore recently wrote, introducing the matter of In re Marriage of Barth. As Moore went on to explain, California law allows a court to order a parent…
Even for happily married and intact families, the holidays can be fraught with conflict and compromise. But for divorced or separated parents and for blended families – the potential for conflict is significantly higher. Negotiating co-parenting agreements and sharing time with kids is rarely easy, but this is a time…
In a recent opinion, California’s Fourth District Court of Appeals explained that when a couple has children and later marries, the marriage nullifies a child support order entered prior to it, even if they later divorce. Mark Wilson and Tamara Bodine were not married when their son was born in…
Conflict in the context of divorce can be emotionally and financially debilitating. Family court judges commonly make decisions and orders based on how the law applies to what has already transpired between the parties, to the past. And this approach keeps the spouses in a conflict trap where they are…
Sometimes, quite often in fact, the flames of conflict in divorce cases are fanned by attorneys who have more to gain from conflict than from resolution. Against my better judgment, I recently accepted a litigation case with the hope that perhaps I could help facilitate a negotiated settlement. It appeared…
Marian, 57, and her husband for nearly 30 years, John, had buried their differences over money, child-rearing and more. But when the last of their two children was finishing high school, the differences became too glaring to ignore. Increasingly, they had little to talk about, and when they did, it…
At my favorite local restaurant last weekend I recognized a former divorce mediation client. She did not recognize me as I was dressed in early 19th century garb for a historical event. As I approached her table to say hello, I saw that she was with her former husband, also…
Given the high divorce rate in this country, just about all of us have been impacted in some way by divorce and custody/support matters. Perhaps it was our own family or parents or our own divorce, or simply a very close friend or family member. And with few exceptions, a…
As a Collaborative Family Law Attorney and Mediator, I am privileged to work with those who, because of their divorce, are undergoing a significant life change. Although a mediated or Collaborative divorce is far less painful, emotionally, psychologically, and financially, than a litigated divorce, it is still a divorce, and…
Until now, the law in California regarding a child’s ability to address the court in his or her parents’ custody case has been very limited, and rarely are children able to testify. Courts have typically heard the child’s perspective through reports, or from third parties, such as the court-appointed mediators…