In child custody and visitation cases, courts often appoint a mental health professional to conduct a child custody evaluation or psychological evaluation, pursuant to Evidence Code § 730. The expert will gather information from a variety of sources, including the parties, the child, witnesses, psychological testing and a home visit, and provide a written or, sometimes, oral report and recommendation to the court and parties. The report is not binding on the court, but it is usually powerful evidence bearing on the best interest of the children. Continue reading →

Since In re Marriage of Burgess (1996) 13 Cal.4th 25, was decided five years ago, the custodial parent’s right to relocate with the parties’ children has been augmented by a series of appellate rulings. However, none of these cases has identified that right at such an early stage of the proceedings as In re Marriage of Bryant (8/15/01) 2001 Daily Journal D.A.R. 8733, nor has any case so tilted the burden of proof in favor of the parent with whom the children have been residing. Continue reading →

“Date of Separation – Proceed at Your Own Risk”
Los Angeles Daily  Journal, Vol.111, Issue 222, November 16, 1998

Yogi Berra, renowned baseball catcher and manager, philosopher, semantician, and apparently legal scholar, succinctly (if inadvertently) summarized the holdings of a series of appellate decisions interpreting the meaning of “date of separation” when he said, “It ain’t over till it’s over.”

Where the parties differ as to when their marriage was “over” in the family law sense, the outcome of that dispute will affect the characterization, valuation and distribution of property, as well as spousal support issues including amount, duration, and terminablity. Continue reading →

A unique aspect of family law litigation is the often continuing relationship of the parties. Long before a divorce judgment has been entered, it is common for the litigants to still have a lot of dealings with each other because of their children, friends, or family events. During the divorce process, the parties may make friendly gestures to each other and have cordial relations. For example, in the best interest of the party’s children, they may jointly choose to attend a child’s soccer game.

Unfortunately, these types of amicable actions by parties may have significant legal consequences in determining the date the marital relationship did in fact end. Continue reading →