Family Code 218 Overrules Marriage of Boblitt Decision and Allows Post Judgment Discovery

Family Code 218 and Boblitt Decision

Family Code 218 will become law on January 1, 2015 and will overrule the Boblitt decision. But did the California legislature overcomplicate this law?

Family Code 218 is not law yet. It will become law on January 1, 2015. What is it? Simply put, Family Code 218 is intended to overrule a decision called Marriage of Boblitt, which was decided in February of 2014 by the California Court of Appeal in Sacramento.

Leave it to those Northern California types to come up with this decision, right?

First, let’s look at some important background information to understand how we got here.

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California Family Law Vexatious Litigant Motions Stop the Harassment

Vexatious Litigant Motions California Family Law

Vexatious litigant motions in California family law cases can be a savior against an uncontrollable ex spouse or parent who keeps taking you back to court on frivolous requests. Learn more about them in this article.

California family law cases can be stressful. But when you have an ex-spouse or parent who is a vexatious litigant, that stress can go to another level.

Tell me if this sounds familiar? He or she keeps filing frivolous requests with the family court, causing hearing dates and you win at every one. But the person won’t stop. This process has caused you stress, money and you have had enough of it. Perhaps the family law judge has even hit him with attorney fees, which he hasn’t paid, and that hasn’t stopped this madness either.

What can you do? Just keep tolerating this and going back to court? Keep spending money on attorney fees to oppose the requests? Give in to his or her demands? Doesn’t California family law give some relief to victims in your situation?

Good news. California law’s vexatious litigant statutes give you rights to put a stop to it. You can keep your ex spouse or the other parent from ever coming back to court until what they intend to file is pre approved by the presiding judge. Sometimes, you can even require they pay money up front that will go to you if they lose. Sound interesting? Keep reading to learn more. [Read more...]

Parental Conflict After Divorce and an Interview with Dr. Max Wachtel.

Parental Conflict After Divorce and Coparnting

Parental conflict during and after divorce doesn’t have to be an end to co-parenting and effective communication. Learn how to manage conflict and use it to evolve.

There is so much emphasis placed on the goal of “no conflict” parenting today. But is the elimination of parental conflict after separation or divorce realistic? Especially after a father and mother have gone through a bitter separation or divorce?

In this article, we will discuss where parental conflict starts, how decisions today make a big impact on future conflict, how to use parental conflict to become a better parent and co-parent and we will chat with Dr. Max Wachtel about tips to reduce conflict.

While we have written about parallel parenting and how it is an effective means to bypass co-parenting when the latter is just not realistic, let’s not forget that co-parenting is a learned trait. A parent doesn’t just get good at it overnight or even in a matter of weeks or months.

Like anything else in life, it takes hard work and if a parent like you is not prone to effective communication, then start reading, learning and practicing it. Moms and dads, it’s not just about you. You are doing this for your children. Parental conflict by you or the other parent after divorce doesn’t have to haunt you or plague your kids. [Read more...]

Parental Gatekeeping and Breaking Barriers in Child Custody Disputes

Parental Gatekeeping Child Custody Disputes

If you want to learn about parental gatekeeping in child custody disputes in California, you came to the right place. We hope you enjoy this article.

Parental gatekeeping in California child custody disputes is an old and ongoing problem. Maternal gatekeeping is more dominant than the paternal kind but both can create barriers toward co-parenting, communication, quality time between a parent and child and, ultimately, alienation of affection. In this comprehensive article, we will address parental gatekeeping in child custody disputes, what it is, how it is used, the intent behind it and what can be done to break through it, even if it means taking custody away from the gatekeeping parent.

Our focus is California child custody laws and no other State. Nothing in this article should be considered legal advice.

What is parental gatekeeping?

We have heard and read different definitions of parental gatekeeping by the psychological community. We are not psychologists. We are California divorce lawyers and, unlike psychologists, we are in the litigation trenches of this issue. We don’t see parental gatekeeping in the abstract or through a therapeutic setting. We deal with parental gatekeeping head on, often amidst contested and complex child custody cases. Thus, our definition may be different than theirs.

What is ours? Parental gatekeeping are measures taken by a parent to shield a child from actual, perceived or manufactured harm. Notice we broke up parental gatekeeping into three categories. They are: [Read more...]