May 2010 Archives

Southern California Custody Battle Looms for TV Producer

May 31, 2010, by David P. Schwarz

A Southern California family court in Los Angeles refused Friday to restore California child custody to a father whom Mexican authorities suspect may have been involved in his wife's murder, according to the Associated Press. The two children of Bruce Beresford-Redman, a former producer of the hit TV show Survivor, and his late wife Monica have been living with their paternal grandparents. The grandparents currently have temporary custody of the five-year old girl and three-year old boy.

According to the AP the grandparents had petitioned the Los Angeles family court to restore custody to their son, the children's father. The court rejected both that request and a request by the mother's family that temporary custody be awarded to them. On Monday a Mexican court issued an arrest warrant for Bruce Beresford-Redman for the crime of "qualified homicide", according to People Magazine. Beresford-Redman later issued a statement proclaiming his innocence, adding: "I am incensed at the suggestion that I could have had anything to do with" his wife's death.

The children's mother was found murdered in Cancun last month while the family was there on vacation. The AP reported last week that Beresford-Redman had been ordered to remain in Mexico, but also quoted his attorney saying that his client "has not been charged with a crime, had no legal obligation to remain in Mexico and (the attorney) insists (his client) is innocent in the death of his wife." According to People, Mexican authorities confiscated Beresford-Redman's passport and it is unclear how he managed to get back to the United States.

This obviously has the makings of a bitter, and perhaps lengthy, Los Angeles child custody proceeding. Since Beresford-Redman is the children's biological father, much is likely to hinge on his exact legal status vis-à-vis Mexican authorities and the legal proceedings surrounding Monica Beresford-Redman's death.

Like several other stories I have written about in recent weeks this one is a reminder of the complex nature of any Orange County, Los Angeles or San Bernardino child custody dispute that touches on international affairs and rulings by foreign courts. In cases like these the assistance of an experienced Orange County custody and visitation attorney is especially important. An Orange County family law specialist can help guide you through the often confusing intricacies of the justice system, defending your rights and helping to preserve the best environment for your children and family.


AP: Change of custody denied for children of slain mom

AP: Producer seeks custody of children with slain wife

People: Arrest warrant issued for producer in wife's death

Japan's Custody laws unfair to fathers

May 31, 2010, by Winiviere G. Sy

Unlike the rights a non-custodial parent would get here in an Orange County or Los Angeles County court system, Japan's custody laws are vastly different. In Japan, 100% custody is typically awarded to the mother, even in divorces involving Japanese parents. It is most certainly the custody battle from hell -- a battle that's impossible for a father to win.

This is precisely the case involving Christopher Savoie, whose ex-wife, Noriko took their two children from the United States to her home in Japan eight months ago in violation of a Tennessee court order. Because Japanese law gives sole custody to the mother and does not recognize international treaties upholding parental custody rights, Savoie may never see his two children until they are adults.

In the past 10 years, Savoie said, 231 children have been abducted from America to Japan. Since 1952, when Japan returned to self-governance after World War II, no child taken to the county by its Japanese mother has ever returned.

"Japan hasn't returned one child -- ever," Savoie said.

While the House resolution has no force of law, Savoie hopes that Japan will update its laws if sufficient pressure is put on the government.

These international custody battles are becoming more and more prevalant. I previously blogged about Orange County's Andrew Ko here. Regardless, if you are facing an imminent custody battle, contact a reputable Orange County attorney to learn more about your rights.

Source: Dad: Japan a custody "black hole"

US Supreme Court Justices' Position on Child's removal from Chile

May 30, 2010, by Winiviere G. Sy

The Supreme Court ruled Monday, May 17, 2010, that a Texas mother illegally moved her son from Chile to the United States during a custody dispute with the boy's British father in the first test of the boundaries of an international child custody treaty.

The high court ruled that the Hague Convention on child abduction -- aimed at preventing a parent from taking children to other countries without the other parent's permission -- demands that the child goes back to the South American country.

However, Justice Anthony Kennedy, who wrote the 6-3 decision, said Jacquelyn Abbott can argue in lower courts in the United States for an exception to the international treaty that could allow her son to stay in the U.S.

The child, born in Hawaii, is a U.S. citizen.

Timothy Abbott accused his estranged wife of violating a court order in Chile by taking their 10-year-old son to Texas without the father's consent.

Timothy Abbott asked an American court to order the child returned to Chile, based on the treaty. The Chilean courts had given him visitation rights and the authority to consent before the other parent takes the child to another country, known as "ne exeat rights".

The mother argued that she has exclusive custody of the boy, and that U.S. courts are powerless under the treaty to order his return.

A federal judge acknowledged that taking the son to the United States violated the Chilean court order but sided with the mother, and the New Orleans-based 5th U.S. Circuit Court of Appeals agreed.

The Supreme Court reversed the appeals court decision.

"To interpret the Convention to permit an abducting parent to avoid a return remedy, even when the other parent holds a ne exeat right, would run counter to the Convention's purpose of deterring child abductions by parents who attempt to find a friendlier forum for deciding custodial disputes," Kennedy said.

The United States is among more than 80 countries that follow the treaty, and the Obama administration had sided with Timothy Abbott.

He "has the ability to decide whether or not the child may be taken outside of the country of habitual residence, and thus the right to share in the decision as to where the child will reside," Solicitor General Elena Kagan wrote in court briefs.

Kagan now has been nominated by President Barack Obama for the Supreme Court.

Justices John Paul Stevens, Clarence Thomas and Stephen Breyer dissented from the court's opinion.

Stevens said the boy's father never had custody rights, only visitation rights. That means that the father cannot determine where the boy lives, he said.

"A parent without 'rights of custody,' therefore, does not have the power granted by (the treaty) to compel the child's return to his or her country of habitual residence," Stevens said.

Kennedy said that an exception to the Hague Convention deals with the safety of the parent.

"If, for example, Ms. Abbott could demonstrate that returning to Chile would put her own safety at risk, the court could consider whether this is sufficient to show that the child too would suffer 'psychological harm' or be placed in an intolerable situation," Kennedy said.

Lower courts can also take into account the child's wishes if he is mature enough to express them, Kennedy said.

An Orange County child custody attorney can assist you in any international custody disputes you may be facing. Contact an Orange County family law attorney for more information.

Source: Justices: Child Should have stayed in Chile

Jesse James' Ex Seeking More Custody, Child Support and Attorney Fees

May 29, 2010, by Winiviere G. Sy

You knew this was coming. On the heels of the recent scandal involving Jesse James and Sandra Bullock, sure enough, Jesse James' ex-wife, Janine Lindemulder is seeking joint legal custody and 50-50 physical custody of their daughter. Lindemulder is also seeking an increase in child support and attorney fees and costs claiming that James "owns several businesses, homes, vehicles, etc." Lindemulder also goes on to state that the disparity between her income and James' is "enormous." Lindemulder is reportedly living in a half-way house in Oregon and works as a file clerk earning $8.50 per hour. Since Lindemulder did not pay to hire her present attorney, he is taking on this case on a pro bono basis. At any rate, this matter will be heard later next month in Orange County.

The details of why Lindemulder is seeking joint legal custody and 50-50 custody of their daughter is not clear from the recent filing. In most cases involving custody disputes here in Orange County or Los Angeles County, the moving party will have to show a change in circumstance to modify an existing order. Moreover, the "best interest" of the child will also have to be analyzed. By no means will this legal battle be simple. I can't wait to see how this plays out in court.

For more information on child custody disputes in Orange County or Los Angeles County, contact an Orange County custody attorney.

Source: Jesse James' Ex-Wife Asks Court to Award her Shared Custody, More Child Support

Redskins Albert Haynesworth sued by Pregnant Exotic Dancer

May 28, 2010, by Winiviere G. Sy

This story sounds very familiar to another story I blogged about on New York Jets' Antonio Cromartie. This time it involves another NFL player, Albert Haynesworth. Turns out Haynesworth is being sued for $10 million by a pregnant exotic dancer who claims to have been knocked up by the football star. The exotic dancer claims Haynesworth impregnated her and then abandoned her.

Silvia Mena, 25, who is nearly four months pregnant, claimed the Washington Redskins player met her in Miami late last year and romanced her during Super Bowl week.

In papers to be filed in a New York court, she said that after Haynesworth, 28, found out about the pregnancy in late February, he promised to "emotionally and financially support" her. But "after making such promises ... Haynesworth has abandoned the pregnant Silvia Mena ... He has refused to provide any emotional or financial support of Silvia Mena or his unborn child."

The documents claim that Haynesworth -- who signed a $100 million contract with the Redskins last year -- refused to talk to Mena from late March.

Haynesworth's assistant reportedly suggested the dancer "seek treatment from an NFL physician," but Mena feared "some effort might be made to purposefully make her lose the child," the papers said.

"It is very stressful. I cry all the time," Mena said Tuesday.

Her lawyer, Salvatore Strazzullo, said he was filing the $10 million suit Wednesday in Brooklyn Supreme Court. "This man is worth millions," Strazzullo said. "She has had to apply for Medicaid to take care of her pregnancy." Haynesworth's agent declined to comment on the claims.

So, there is no doubt that Mena will be going after Haynesworth's deep pockets through a civil lawsuit and potentially a paternity and child support claim once the baby is born. If you are involved in an Orange County paternity and/or Orange County child support matter and wish to seek additional information about your rights, contact an Orange County child support attorney.

Source: FoxNews.com: Pregnant Exotic Dancer suing NFL star

Southern California Divorce for Actress Emma Caulfield

May 27, 2010, by David P. Schwarz

Celebrity websites are reporting that Emma Caulfield, one of the stars of the TV series 'Buffy the Vampire Slayer,' has filed papers seeking a Los Angeles divorce from her husband. The 37 year old actress, who played 'Anya' on the popular late 90s/early 00s drama has been married for three and a half years to Cornelius Grobbelaar, according to the Associated Press.

According to E! Online the court papers for the California divorce cited "irreconcilable differences" as the reason for the split. The papers also indicated that Caulfiend and Grobbelaar separated on May 7. Caulfield's attorney declined to comment on the proceedings when contacted by the AP.

Caulfield and Grobbelaar reportedly have no children, a fact that could make their California divorce somewhat simpler. No break-up is ever truly simple - or without emotional consequences - but if Los Angeles or Orange County child custody and visitation arrangements do not need to be negotiated as part of an overall Los Angeles, Orange County or San Bernardino County settlement agreement the process can be markedly smoother.

An experienced Orange County divorce lawyer can help you explore the legal consequences of dissolving your marriage or domestic partnership, including examining the status of any existing prenuptial agreement you may have. Many couples hope their break-up will be amicable and then watch as it turns adversarial. This is not, of course, inevitable, but it is prudent to be prepared in case such a situation arises. An Orange County divorce and family law attorney can help you plan for any contingency that may present itself as part of a Southern California separation or divorce.


E!Online: Another Buffy Marriage Slain

AP: 'Buffy' Actress Emma Caulfield files for divorce

Orange County's Kobe Bryant and Wife Settle Lawsuit with Maid

May 27, 2010, by Winiviere G. Sy

Although this story is not directly related to an Orange County divorce or family law matter, the ongoing lawsuit between Kobe Bryant, his wife and their former maid has reportedly come to an end. A lawyer for the former maid of the Bryant's, Maria Jimenez, who sued the Newport Beach couple in 2009, said Tuesday that both sides dismissed their claims.

Purportedly, the couple paid Jimenez $200,000 to drop her lawsuit, which alleged harassment and verbal abuse by Vanessa Bryant. The Bryants also dropped their counter-suit as part of the settlement.

Jimenez claimed Vanessa Bryant "badgered, harassed and humiliated'' her and also did not provide her with health insurance or pay her overtime. According to the complaint, Jimenez worked at the Bryant home six days a week, for 10-12 hours a day, from September 2007 to March 22, 2008, handling a variety of tasks that included housecleaning, laundry and cleaning up after the couple's children.

Jiminez claimed that after only two weeks on the job, Vanessa Bryant began a pattern of verbally abusing, demeaning, badgering and humiliating Jimenez by yelling, screaming and criticizing her in front of Kobe Bryant, the children and other employees.

Terms of employment included a salary of $50,000 a year and medical insurance for herself and her family, according to Jimenez. But when she needed surgery for an ovarian cyst, she found out she had no medical coverage, and her bills came to more than $120,000, according to her court papers.

Jimenez claimed the final straw was when Vanessa screamed at her for putting an expensive blouse in the washing machine, then demanded that she put her hand in a bag of dog feces to retrieve the price tag for the garment. Jimenez refused, saying she was quitting on the spot, but was forced to work until payday to pay for the $690 blouse, according to her lawsuit.

Luckily for both sides, this matter is over. It is not uncommon for matters, including Orange County divorce matters to settle out of court to avoid incessant litigation and incurring substantial attorney fees and costs. If possible and if the other side is willing to work out the issues, settling is a good option. For more information on how to settle your divorce out of court, contact an reputable Orange County divorce attorney.

Source: KTLA.com: Kobe Bryant, Wife Settle Lawsuit with Former Maid

Sarah Ferguson Living on $20K/year in Spousal Support

May 26, 2010, by Winiviere G. Sy

I was watching The Joy Behar Show today and they were discussing a recent scandal involving Sarah Ferguson. Apparently, a Brisish tabloid ran a sting on Fergie wherein an undercover journalist posing as a businessman was willing to pay for a chance to meet Prince Andrew. With hidden cameras running, the former duchess agreed to arrange an encounter with Prince Andrew in exchange for a half a million pounds (about $700,000).

Ferguson apologized almost as soon as the ink was dry on the News of the World headlines. "I very deeply regret the situation and the embarrassment caused," she said. "It is true that my financial situation is under stress however, that is no excuse for a serious lapse in judgment."

As discussed on Joy Behar's show today, Fergie is considering locating from London to the United States. The cost of living in London is substantially more than it is here in the United States. Further, Fergie no longer has the Weight Watchers endorsement and whatever other opportunities she capitalized on several years ago. It is very likely that her only source of income is the meager $20,000 per year or $1,666 per month she receives in spousal support, thereby possibly explaining her recent lapse in judgment. Hypothetically speaking, the cost to rent a decent 2 bedroom place in coastal Orange County averages around $2,000 per month. The $1,666 per month she receives spousal support will not even cover a roof over her head!

For more information on California spousal support issues, please contact an Orange County divorce attorney.
Source: Sarah Ferguson was expected to live on $20,000 in alimony annually. Could you?

Nas and Kelis Marital Status Terminated; Child Custody and Support Issues Remain

May 25, 2010, by Winiviere G. Sy

It looks like the marriage between rapper Nas and Kelis is over. It was reported that the parties' marital status was terminated, reverting the parties back to their respective single status. However, Nas and Kelis still need to resolve and litigate the issues of child custody, visitation, child support and spousal support.

In April of 2009, Kelis filed a Petition for dissolution of marriage, citing irreconcilable differences. In July of 2009, a Los Angeles Superior Court Judge ordered Nas to pay Kelis $44,000 per month in combined spousal support and child support. Several months later, the Judge increased the order to $51,101 per month. Nas allegedly claims he cannot afford said support payments. According to testimony that was taken in December of 2009, Nas owes his manager $700,000 and owes the IRS millions of dollars.

From an Orange County divorce lawyer perspective, one parties' claims of substantial debts does not absolve one from their child support or spousal support obligations. Unless the payor is earning zero income, the payor must pay support. Generally, support is based upon each parties' respective incomes. For more information, please contact an Orange County divorce attorney.


Source: NewYorkDaileyNews.com: Nas and Kelis' marriage is legally over, but their custody and spousal support battle rages one

California Child Custody & the Supreme Court

May 24, 2010, by David P. Schwarz

An important Supreme Court decision issued last week may have implications for Orange County and other Southern California parents involved in Orange County child custody cases that stretch across borders.

By a vote of 6-3 the court overturned rulings by both a federal district court and a circuit court and held that an American mother acted illegally when she brought her son to the United States from Chile in violation of a Chilean court order, according to the Associated Press. The child, born in Hawaii, is, like his mother, a US citizen. The boy's father is British, but the family lived in Chile and the parents were divorced there. Their divorce order gave the mother custody. While the father had only visitation rights, he also benefitted from a Chilean court order giving him "the authority to consent before the other parent takes the child to another country," the AP reports.

It was this violation that the father sought to enforce in US courts, citing the Hague Convention on Child Abduction, a treaty ratified by more than 80 countries, including the United States. In a dissent Justice John Paul Stevens, who plans to retire from the court this summer, argued that since the father does not have formal custodial rights the treaty offered him no relief. Justice Anthony Kennedy, writing for the majority, however, countered that "deterring child abductions by parents who attempt to find a friendlier forum for deciding custodial disputes" is precisely what the treaty was designed to prevent.

Custody disputes are never easy, and child custody disputes that stretch across borders are often unusually complicated. Like most communities within a few hundred miles of the border we here in Orange County have more than our share of international custody issues. Finding an Orange County child custody visitation lawyer with expertise in international child custody issues is especially important if a divorcing couple are of different nationalities, or if you fear a former spouse may flee to a foreign country with your children.


AP: Justices: Child should have stayed in Chile

National Law Journal: International Abduction Treaty Trumps Parental Rights, Says U.S. Supreme Court

Blogging a Southern California Divorce

May 20, 2010, by David P. Schwarz

Blogging about other people's Southern California divorces is one thing, but your own? While it is still being adjudicated? Say what you will, author Justine Musk is taking an unusual approach to negotiating her Los Angeles County divorce settlement. The real negotiating is, of course, taking place behind closed doors involving Southern California divorce lawyers. Musk, however, has used her blog to lay down a marker about what she wants and to defend it in public. The case of Musk and her husband, billionaire investor Elon Musk, is especially interesting because, as Reuters reports, Justine's demand for a stake in Elon's latest venture - the Tesla electric car company - may complicate plans for the company to go public.

According to LA Observed the couple have been married eight years and have five children. Elon Musk is a co-founder of PayPal. Justine Musk is a successful novelist, specializing in supernatural thrillers. LA Observed, quoting her blog, says she is demanding a 10 percent stake in Tesla, as well as five percent of another Musk venture, Space X. She also wants $6 million in cash, the couple's house, child support and alimony... and a Tesla Motors Roadster (retail price: $109,000).

Reuters reports that Justine Musk's demand for a stake in Tesla Motors as part of her California divorce settlement "could complicate plans... to take the company public and retain $465 million in U.S. government funding to launch a mass-market electric car named Model S." The news agency reports that lawyers for both spouses did not return calls seeking comment.

The case highlights an aspect of Orange County and other Southern California divorce proceedings that is not often publicized: the post-marital agreement (which is less well-known, at least to the public, than are prenuptial agreements). Justine contends that the agreement she signed shortly after the couple wed is "extremely harsh" and has asked the California divorce court to throw it out. An initial ruling favored Justine, but that is being appealed. If the lower court ruling stands she would be entitled to half of Elon's assets under California's community property laws.

Your marital affairs do not have to involve stakes of this sort to be complex and emotionally draining. Consulting with an Orange County divorce attorney is an essential early step in the often complex task of untangling a couple's affairs and making sure you get the settlement you deserve.


Reuters: Tesla stake on the table in CEO's divorce dispute

LA Observed: Author blogs her divorce from billionaire

California Legislation Seeking to Clear Path for Same-Sex Divorce

May 17, 2010, by David P. Schwarz

As I noted in a post last week, gay and lesbian couples who married during the few months in 2008 when same-sex unions were legal here in California have been in something of a legal grey area when it comes to divorce.

The passage of Proposition 8 in 2008 made same-sex marriage once again illegal in California, but created a number of legal issues, some of which remain unresolved. As the Los Angeles Times noted in a recent article, a 2009 ruling from the California Supreme Court "upheld the legality of Proposition 8 but ruled that the marriages of couples who wed during the months when it was legal in California would be allowed to stand." What is less clear is what happens when some of those couples seek an Orange County, Los Angeles or San Bernardino County divorce. Similar questions surround couples who married in other states where same-sex marriage is legal but who now seek to dissolve their union in California.

As Bay Area Reporter noted last week, the Assembly has now passed a bill seeking to clarify this developing area of California family law. Assembly Bill 2700, the Separation Equity Act, was approved on May 6 by a vote of 44-21. As the newspaper notes, current California law requires a same sex couple to go through separate legal proceedings to dissolve a domestic partnership agreement and a marriage. The LA Times reports that the Assembly bill "would allow one judge to handle both in a single proceeding." The bill now goes to the State Senate for further consideration.

Orange County divorce is never easy. In the case of same-sex couples extra complications linked to the evolving area of same-sex marriage law can often become a factor. If you are contemplating, or have decided to move forward with, an Orange County divorce meeting with an Orange County divorce lawyer who is versed in California family law and how it is changing is among the first, and most important, actions you should take. An Orange county family law attorney can be both an invaluable source of information and an indispensible source of support as you deal with the emotional and legal dislocations of divorce, family law and child custody issues.


Bay Area Reporter: Online Extra: Wedding Bell Blues: Assembly passes same-sex divorce bill

Los Angeles Times: New legislation targets same-sex divorce

Sheen Reported to Give California Custody of Daughters to ex-Wife Richards

May 13, 2010, by David P. Schwarz

I wrote back in January that Charlie Sheen's latest brush with the law might have Southern California child custody implications somewhere down the line. Four months later it appears that prediction has come to pass. According to numerous media reports (many of them originating with the celebrity website TMZ) Sheen and his ex-wife Denise Richards signed a document last week granting Richards full California custody of the couple's two daughters. According to the New York Daily News the new agreement will replace one which "grants Richards primary physical custody" and gives Sheen visitation rights. The paper reports that the document has not yet been submitted to California family law courts for approval.

Sheen's tumultuous personal life took a turn for the worse on Christmas Day when he was arrested in Aspen and charged with assaulting his current wife, Brooke Mueller. Celebrity news site The Wrap reported last week that Sheen plans to plead guilty to felony domestic violence charges in relation to that incident. The site reports that Sheen's lawyers are currently working out a plea deal with Colorado authorities. Meanwhile, Sheen and Mueller have reportedly been living apart since the altercation, but have not filed for an Orange County or Los Angeles divorce.

Reports that Richards approached Sheen seeking a modification of their custody agreement, and that Sheen agreed with relatively little fuss, are a useful reminder for less famous parents that California child custody and visitation agreements can be modified when the economic, legal or even emotional circumstances of one of both parents change in some serious way.

Had Sheen not agreed to the modification Richards could have taken the matter to court. It is in negotiating such modifications - and hopefully avoiding court, as Sheen and Richards appear to have done - that assistance from an Orange County custody and visitation lawyer is especially important. Acting as your advocate, a skilled Orange County family law attorney can work to ensure that your children get the time and relationship with you that they want and need. A Southern California divorce and custody lawyer can also help you consider whether - and when - modification of an existing custody agreement may be appropriate.


CBS News: Charlie Sheen Surrenders Custody of Daughters

New York Daily News: Charlie Sheen willingly hands over legal custody of daughters to ex-wife Denise Richards

The Wrap: Sheen to Plead Guilty in Assault Case

Orange County Divorce for Gay Couples Remains Problematic

May 10, 2010, by David P. Schwarz

A recent article posted on CNN.com details the extent to which same sex divorce has emerged as a gray area in the realm of family law. As the article explains, five states and the District of Columbia now allow gay marriage, but since many other states prohibit the practice divorce can be difficult for same sex couples.

California's situation is especially complex. Our state allowed gay marriage for a few months in 2008 before voters overturned it in a referendum. That, in turn, raises the question of whether a gay couple can be granted a divorce in a state which is now legally barred from recognizing their marriage. The law on situations like these is still evolving but, for now, the answer to this Orange County and Los Angeles divorce question appears to be that courts will hear California divorce cases involving same sex couples whose marriages were conducted while such unions were legal in the state. The Orange county divorce prospects for gay couples married in other states are less clear.

As CNN notes, "The battle over gay divorce comes with plenty of conflicts: if the state doesn't recognize gay marriage, then how can that state dissolve a gay marriage? What if a state that outlaws gay marriage grants a same-sex divorce? Does that imply gay marriage is recognized?" The article details the ways in which different states are addressing these questions and notes that in some states different courts have issued conflicting rulings. The issue is particularly complicated because states, as a rule, recognize marriages and divorces performed or granted in other states. Further complicating the matter are questions of residency: while states generally allow out-of-state visitors to get married more-or-less immediately divorce laws generally require residency in the state (for six months in the case of California divorces).

These and other legal issues surrounding Southern California divorce law can be complex and confusing. An experienced Orange County divorce attorney can guide you through the process of obtaining a Orange County, Los Angeles or San Bernardino County divorce and negotiating a California child custody agreement while defending and protecting your interests. Consulting with an Orange County divorce lawyer is the key first step toward getting the settlement you deserve.


CNN: Serious legal hurdles for Gay Divorce

Halle Berry's Split Raises Custody Questions

May 4, 2010, by David P. Schwarz

Several celebrity websites report that Oscar-winning actress Halle Berry and boyfriend Gabriel Aubry recently broke up after four-plus years together. Their rupture raises potential California child custody issues because the couple, though never married, have a two year old daughter.

The Huffington Post quotes entertainment websites reporting that the split actually took place several months ago, but has only now leaked out into the media. Quoting Radaronline, the website reports: the couple "have already hammered out a custody and financial agreement." The article goes on to say that the document calls for "50/50 custody" of their child. Aubry, a model, was not reportedly interested in receiving money from Berry.

When a couple are not married Orange County custody issues may become more complex than they might otherwise be. In this particular case, the fact that the father is foreign (Aubry is Canadian, according to the website Monsters & Critics) adds a further potential twist to whatever Los Angeles or Orange County custody agreement the couple may have worked out. Significantly, celebrity website TMZ, quoted by The Huffington Post, describes the couple's arrangement as "a temporary custody agreement," adding: "there is no long-term custody arrangement or property settlement agreement."

Without wishing either half of the couple ill, it seems important to point out that situations like this are fraught with danger for both parties. It is exactly in custody and visitation cases such as this - ones where a number of significant issues remain to be resolved and a final agreement is yet to be reached - that the advice of an experienced Orange County custody and visitation attorney is essential.

Even if you and your ex are not married, an Orange County family law attorney can offer sound advice on the best way to structure a California child custody and visitation agreement so that your parental rights are protected to the fullest extent of the law. Spelling out both parties rights and obligations in a clear, enforceable way is an important element of a California custody settlement. However amicable a break-up might initially be, leaving such issues to chance over the long term is never a wise approach.


Monsters & Critics: Halle Berry is Single Again

The Huffington Post: Halle Berry & Gabriel Aubry SPLIT: Break-up for Actress & Model