FAMILY LAW CASES

• In re Marriage of Lucio
• In re Alice M.
• Erika K. v. Brett D.

California Appellate Districts, April 08, 2008
In re Marriage of Lucio, No. G039072
In a case where a parent brought an order to show cause (OSC) requesting an alteration to the visitation arrangement set forth in the judgment of dissolution of his marriage, dismissal of the OSC and an award of attorney's fees are reversed and remanded where the trial court erred: 1) in dismissing a second OSC based on a failure to allege a change of circumstances, as a parent not seeking a change of custody is not required to demonstrate a change of circumstances; 2) in failing to apply the best interest of the child standard when a change of visitation schedule was sought; and 3) by granting attorney's fees OSC and awarding fees as a sanction against a parent who should not have been penalized for trying to obtain unmonitored visits. Read more...

California Appellate Districts, April 09, 2008
In re Alice M. , No. H031794
In a case involving whether a minor qualifies as an Indian child under the Indian Child Welfare Act (ICWA), an order terminating parental rights is reversed and remanded where: 1) notices to Indian tribes were not sent to tribal chairperson or a designated agent as required under section 224.2 of the ICWA; and 2) notices sent to the Bureau of Indian Affairs (BIA) were an inadequate substitute in this case to comply with notice requirements under ICWA. Read more...

California Appellate Districts, April 10, 2008
Erika K. v. Brett D. , No. A116590
In a case in which the Indian Child Welfare Act applied in child custody proceedings, an order awarding custody is reversed and remanded where: 1) although the family court did not err in applying the Family Code's custody provisions; nevertheless 2) the court erroneously concluded that the ICWA was unconstitutional before applying its substantive provisions. Read more...