Recently in Court System Category

New CA Law: Children can testify in child custody proceedings

January 13, 2012, by Winiviere G. Sy

Major changes in California's divorce law are expected in 2012 pursuant to changes to California Family Law Code 3042. The changes are a result of the Elkins Family Law Task Force's final report and recommendations from April 2010. The new legislation will affect how, when and if minor children can testify in divorce and custody cases, and what will be expected of them, the parents, family law attorneys, and the court itself.

According to Lowenstein, a Certified Family Law Specialist, partner at Lowenstein Brown, and former Chairperson of the Family Law Section of the San Diego County Bar Association, "The biggest change to take effect in 2012 is that the court shall consider the wishes of the minor child regarding custody and visitation, if the child's age and capacity to reason are 'sufficient' and furthermore, a child who is 14 or older may address the court directly." Lowenstein notes that the court will control the examination of the child and/or the direct testimony, to protect the minor's best interests, but such a grave responsibility may be against the child's interest, on its face.

Brown, a partner at Lowenstein Brown, former President of the Public Interest Law Foundation, and former Peace Corps volunteer and youth advocate, adds "The other major impact is that multiple people can alert the court of the child's 'desire' to express a custody or visitation preference or to testify directly, including a minor's counsel, an evaluator, investigator or mediator, the judge, a parent's attorney, or the parent." Brown uses the term 'desire' loosely - while a minor may indeed have a valid preference, she is concerned about potential manipulation of the minor to invent a preference, particularly when the financial and emotional stakes are so high.

Brown points out that clients might still prefer to resolve the case in a conference room through ADR (Alternative Dispute Resolution), and keep his/her personal matters out of a public court. When asked what kind of case lends itself to needing a child's opinion or testimony, or even legislation at all, Lowenstein suggests that it's not necessarily what kind of case, but rather, what kind of attitude the parties hope to maintain long-term. "The story of the parents' divorce will become the child's story as the child becomes an adult," she says, "and parents' actions during the divorce shape the story."

Source: Children Can Testify Regarding Custody and Visitation in California Divorces; Video Discussing New Legislation from Lowenstein Brown, a Professional Law Corporation

McCourts reach divorce settlement

October 21, 2011, by Winiviere G. Sy

After many, many months of intense divorce litigation, the McCourts have finally reached a settlement agreement.

This past Monday, the McCourts announced that they had reached a settlement agreement that calls for Jamie McCourt to support a media rights deal that could be worth up to $3 billion - something she once opposed.

The terms of the agreement, which was recently struck between the McCourts, won't be released, but a person familiar with it who requested anonymity because it's not meant to be public told The Associated Press that Jamie McCourt would receive about $130 million, a figure first reported by the Los Angeles Times.

The settlement now allows Frank McCourt to focus on his battle with MLB, which is seeking permission from a bankruptcy judge to file a reorganization plan that calls for McCourt to sell the Dodgers.

From an Orange County divorce perspective, divorce cases often take several years to wrap up. Luckily for the McCourts, they resolved their issues with a global settlement. Now each party can go their separate ways and move on with their lives.

If you are in need of an Orange County divorce lawyer to assist you in any divorce, child custody, child support, spousal support or property division issue, contact an Orange County divorce lawyer for more information.

Source: McCourt Divorce Settlement: They are a united front

Jesse James' Child Custody matter moved from Orange County to Texas

October 7, 2011, by Winiviere G. Sy

Jesse James' child custody battle, which originated in Orange County, has been moved to Texas, where the star lives. At the time of the original filing, jurisdiction was established in Orange County family law court because Lindemulder was living in Costa Mesa and James was living in Sunset Beach.

Last week, Orange County Superior Court Judge David Belz, issued the order.
For about a year now, James has been fighting to have his legal matter moved to a court in Hays County, Texas, which is closer to where he lives in Austin with his 7-year-old daughter Sunny.

Sunny's mother, Janine Lindemulder, an adult movie actress, was awarded a week of visitation with the girl every month in Texas, with James agreeing to pay for her travel and accommodations, Lindemulder's attorney Richard Masson said. Lindemulder currently lives in Oregon to be closer to her own mother.

In the future, if any other child custody or visitation issues arise, Lindemulder and James will have to work them out in a Hays County courtroom now, Masson said.

This ruling makes sense because James', who has custody of the daughter, lives in Texas and Lindemulder lives in Oregon. It would be impractical to have the case remain in Orange County, when neither party lives there.

At any rate, if you have any child custody or visitation issues, contact an Orange County divorce lawyer for more information.

Source: Jesse James' Child Custody Case moved to Texas

Judge Returns Diandra Douglas' Settlement Case to California Courts

June 21, 2011, by David P. Schwarz

Diandra Douglas suffered another legal setback this month in her effort to claim a share of ex-husband Michael's earnings from the film Wall Street 2: Money Never Sleeps. When last we left Diandra and the legal system, her attorneys were arguing before a New York court that Michael Douglas' earnings from the sequel to his Oscar-winning performance in 1987's Wall Street are subject to California's community property laws, despite the couple having been divorced for more than a decade.

According to the celebrity-watching website Monsters and Critics, however, a Manhattan judge "rejected her request to overturn his original ruling (of) last year." In doing so he reaffirmed his original opinion that if Diandra's case is to be heard at all it should be in California, where the couple's divorce was finalized back in 2000. The website quotes Diandra's attorneys vowing to appeal the decision.

As I noted when originally discussing this case last year, Diandra's claim does not amount to a demand for a California post-settlement modification. It turns instead on an essentially philosophical question: what, artistically speaking, is the relationship of a sequel to its original? The original Wall Street film was made during the Douglas' marriage. Therefore, under California's community property laws, Diandra is entitled to a piece of any ongoing income Michael makes from the film: residuals and royalties, for example.

The question is whether a sequel is a new and distinct work of art or whether it is, artistically speaking, a continuation of the original. If the former, then the new film is a piece of post-divorce Michael Douglas work and, therefore, not subject to community property rules. If, however, it is the latter (similar, say, to re-issuing the original film on Blue-Ray, a technology that did not exist in 1987) then the income would be subject to community property rules. It is a fascinating legal question - but one which this case has not resolved, since the New York court, in effect, punted the issue back to California without addressing the substance of Diandra's claim.

Viewed another way, the case is a reminder of an important role Los Angeles and Orange County divorce lawyers fill for clients. As legal experts, family law specialists can offer clients invaluable assistance in understanding the often arcane world of the law. Deciding on one's approach is one of the most important decisions anyone makes when beginning a legal process. It is also the place where experienced legal advice is most valuable.


Monsters and Critics: Diandra Douglas loses appeal to get ex-husband Michael's money

Long-Delayed California Divorce Gets Underway for Peaches Geldof

May 15, 2011, by David P. Schwarz

We often hear or read about short-lived celebrity Los Angeles and Orange County divorces. Here is one with a novel twist: according to a variety of celebrity-watching publications, Maxwell Drummy recently filed divorce papers in a Los Angeles family court seeking to end his marriage to Peaches Geldof fully two years after the couple split up. The delay is particularly eyebrow-raising since there are indications the marriage was little more than a publicity stunt from Day One. There is no word on whether the couple have a California prenuptial agreement.

The website Monsters and Critics notes that the couple wed in Las Vegas in 2008 only ten days after they met. They publicly split barely six months later. Drummy is a French rock musician. Geldof, a model, is the daughter of rock star and humanitarian aide impresario Sir Bob Geldof. Both Geldof and Drummy have long since moved on to other partners, according to Monsters and Critics, leaving some to wonder why they were making no effort to dissolve a marriage that neither showed any interest in salvaging.

The answer may be that there was never much substance to their union in the first place. Monsters and Critics noted that Drummy has recently termed the entire marriage a "publicity stunt," saying he has Geldof "on my personal payroll... she's my friend for money. She also orchestrates publicity stunts for me."

Taking Drummy, for the sake of argument, at his word it has to be said that a publicity-stunt marriage can turn into an unexpected lesson in how serious an institution marriage is. From an Orange County divorce lawyer's perspective, it is important to remind people thinking of entering into an unserious marriage that there is a reason why our society makes dissolving a marriage a lengthy and often complicated process.

This is not to say that people should remain in bad marriages. One of the most important jobs of an Orange County divorce attorney is to help people who need to end their marriage do so in a way that fairly acknowledges their financial and custody rights. It is also, however, a reminder that marriage should not be entered into lightly. Doing so is likely to lead only to complications and emotional pain at some point down the line.


Monsters & Critics: Maxwell Drummey files for divorce from Peaches Geldof

Musicrooms.net: Peaches Geldof's hubby finally files for divorce

Endless Divorce Case Highlights Importance of Skilled Counsel

April 24, 2011, by David P. Schwarz

A divorced California couple now living in Tennessee may well serve as the best living examples of the importance of getting the right sort of legal advice when embarking on a divorce, be it here in Orange County or elsewhere.

According to the Memphis Daily News, Shem and Danielle Malmquist were married for less than five months, but have now spent six years battling each other in court. The paper reports that the couple "met in California and had one child before moving to Memphis and getting married the same day Shem Malmquist got a divorce from his second wife." A few months later Danielle gave birth to the couple's second child. A month after that Shem filed for divorce.

That divorce has become a model of litigiousness and contention. According to the Daily News, a recent Tennessee appeals court ruling noted that "this is not a complicated divorce case," yet it has resulted in "unnecessarily protracted litigation." A lower court granted the couple's divorce in 2007, awarding Shem custody of the children. Danielle received visitation rights, a portion of Shem's retirement savings and "transitional alimony." But, as the appellate court notes, "as we have seen in similar divorce cases, the entry of a final decree is often seen as nothing but an invitation to move for modification."

That sentence may contain the key truth of this case, along with the fact that Danielle has been through nine - yes, nine - attorneys over the course of the case. When a divorce proceeding becomes overly contentious, the best attorneys are those who can cut through the emotion and help their clients find a settlement both sides can live with.

This is not to say that every divorce can, or ought to be, a smooth or pain-free process. It does, however, highlight the important role an Orange County divorce lawyer plays in serving as both advisor and advocate for his or her client. The best attorneys are strong advocates of their clients' interests, but are also able to prevent Los Angeles, San Bernardino or Orange County divorce and child custody proceedings from degenerating into never-ending days in court.


Memphis Daily News: Six-year divorce case picture of judicial ineptness

Orange County Divorce: Court's Power in Family Court

April 7, 2011, by Winiviere G. Sy

Just how much power does a family law court have over a California divorce? It pretty much depends on what issues are before the court. For example, if a spouse is alleging they are not able to become self-supporting due to an alleged medical condition, that person's medical condition is at issue. Discovery of said medical issue becomes fair game.

In fact, a top divorce attorney was quoted as saying "[c]ourts have wide authority to order just about anything once physical or mental capability comes into question," The lawyer went on to state that "[c]ourts can test, and continue to test over time, for mental and emotional stability, drugs and alcohol abuse, even for communicable diseases. It all depends on what the other side brings into question and how the judge decides to weigh the accusation,"

What about power over child custody issues? If there is suspicion of abduction or a flight risk by a parent, then, of course, issues relating to out of State travel and what to do about a passport are raised. In fact, a family law court might limit vacation travel during the children's Summer or Winter break.

The court also has wide power over a person's failure to pay child support. Indeed, I've written about Contempt issues many times before. The court has power to put a hold on the payor's U.S. Passport and/or his/her driver's license if the payor fails to pay his or her child support obligation.

For more information on divorce and how an Orange County divorce attorney can assist you, contact the Law Offices of David Schwarz for more information.

Source: Family court can pull passports, order drug testing and more during custody proceedings

California Family Law Measure Seeks More Open Child Welfare Hearings

March 31, 2011, by David P. Schwarz

A bill currently being considered by the California legislature would make significant changes to the way California child dependency hearings are conducted in the state. This crucial aspect of California family law is not widely understood, and merits closer examination.

According to Capitol Weekly, a publication focused on politics and government in Sacramento, hearings in California's dependency courts "are considered "presumptively closed" - that is, members of the public and the press are barred unless a judge feels there is a compelling reason to open a hearing up." Dependency Courts are a special sub-set of the broader California court system that hear cases dealing with the foster care system and with California child custody issues stemming from alleged abuse and/or neglect.

As Capitol Weekly notes, "the rational for having closed courts is to protect vulnerable children." But backers of AB 73, a bill seeking to make dependency court hearings presumptively open, take the view that public scrutiny is essential for preventing miscarriages of justice. The Weekly notes that there is no uniform national standard for openness in dependency courts - only in Oregon and Pennsylvania are dependency hearings always open - but that "the pendulum appears to be shifting towards more open courts" nationally, especially here in the western states. A recent opinion piece in the San Francisco Chronicle put forward the view that greater scrutiny of the dependency courts will provide an extra layer of insurance against ill-considered rulings.

Dependency courts deal with some of the toughest issues facing the California family court system. Issues like alleged abuse and neglect, parental alienation and guardianship questions. For Orange County parents confronted with the need to enter into legal proceedings being sent to a dependency court only adds an extra layer of stress to the already emotionally volatile issues of Orange County child custody, visitation and guardianship.

The assistance of a skilled and compassionate Orange County family law attorney is crucial for any parent confronted with the need to deal with the court system. Dealing with a little-known, and often secretive part of the justice system, such as the California dependency courts, is all the more stressful - and requires the best Orange County family law assistance available.


Capitol Weekly: Attempt under way to open up courts that deal with child abuse cases

San Francisco Chronicle: Impelling Foster Care Reform Through Journalistic Truth

Audit Criticizes Court - and Reminds the Rest of Us Why Attorneys Matter

January 31, 2011, by David P. Schwarz

The findings of a state audit released last week were critical of several California family law courts in the northern part of the state. According to the Sacramento Bee, the audit found that the Marin and Sacramento courts "fail to follow their own standards" when it comes to protecting the interests of children in child custody cases.

The paper reports that the State Auditor's office launched the investigation "in response to concerns that the courts are too chummy with mediators and others who help decide child custody and visitation cases." The paper notes that the report does not say in so many words that the shortcomings it identifies are placing children in danger.

According to the Bee, the chief judge of the Sacramento Superior Court issued a statement concurring with the majority of the report's findings. He indicated that he has already initiated a process of changes to court procedures in response to the audit document. In Marin, the reaction was less welcoming. The paper reports that the county's chief judge "wrote that the report's title and chapter headlines were misleading and inflammatory."

The report's criticisms, however, do highlight how important it is for parents to have skilled legal counsel in their corner throughout any child custody and visitation dispute, be it here in Orange County or elsewhere in the state. The audit report cites what it says is poor evaluation and record-keeping by courts and calls for better policies to prevent "conflicts of interest between judges and court-appointed investigators."

One of the most important things one acquires when hiring an Orange County family law attorney is that lawyer's knowledge of the ins and outs of our court system - not only the specifics of the law, but local subtleties that only an experienced area attorney can bring to a case. Conflicts of interest that might affect your right to a deep and loving relationship with your child may not be apparent to a layperson unfamiliar with the ins and outs of the court system. Spotting them, and defending your interests, is one of an Orange County attorney's most important duties to any client.


Sacramento Bee: California audit criticizes Sacramento Superior Court's family court

Don't Post to Facebook or Twitter if you don't want the World to See it

January 26, 2011, by Winiviere G. Sy

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Behold another blog post about the ramifications of Facebook-ing leading to divorce. Divorce attorneys throughout America are reporting an increase in business recently. Why? Because many social networking sites such as Facebook encourage flirtations that often led to more serious attachments. Attorney Paul Ross reported "[i]t's not just Gen Y, The baby boomers and grey nomads are also getting in on the act ... it's also quite a regular occurrence these days that the client will have found out about an affair through Facebook.''

Further, a 2009 study of 304 students at Guelph University in Canada found that Facebook could create jealousy and suspicion owing to the ease with which people could monitor partners' activities. Facebook could ''connect people who would not otherwise communicate'', the study found. I guess this holds true if you are connecting with people you would not otherwise "know" but meet on Facebook.

Along the same lines of the use of Facebook, our offices have also caught the opposing party in a lie through their Twitter account. Our client, Father, who lives out of State, was in California recently to attend a court hearing. Father asked Mother if he could have visitation with Child, given that he already has limited time with the Child. Mother refused, claiming that she was out of town for the weekend and had "limited" access to the internet. Father attempted to communicate with Mother over the weekend via email in an effort to informally work out other outstanding issues surrounding their custody case. Mother failed to respond to Father's emails, again, claiming she was allegedly out of town and did not have access to the internet. On Sunday morning of that same weekend, Father searched Mother's twitter account and discovered she was online "tweeting" quotes to her twitter account-- thereby catching her in a lie! Mother did have internet access but simply refused to communicate with Father. This is clearly an example of Mother's bad faith tactics and failure to communicate to reduce the cost of litigation.

The moral of the story is that you should not post anything online if you don't want the world to see it. The internet is an amazing invention and you will eventually be caught!

It is essential that individuals facing family law issues, including divorce and child custody, contact an Orange County divorce attorney for assistance.

Source: Facebook the new fast track to divorce court

Orange County Child Custody Dispute Ends in Fines, Jail for Parent and Grandparents

January 19, 2011, by David P. Schwarz

Following-up a story I first wrote about last October, the Los Angeles Times now reports that a father who abducted his children from in front of their Anaheim home in the heat of an Orange County child custody dispute has been ordered, along with his parents, to reimburse city and Orange County officials for expenses associated with searching for his sons. Finding the boys, ages two and four, cost the city of Anaheim, Orange County and other governmental agencies around $150,000. As I noted last fall, at one point the search entailed an Amber Alert in every state between California and Texas.

As the Associated Press notes, the children's father, Abraham Fernandez, and grandparents, Louis and Elizabeth Mendoza, recently pled guilty to "two felony counts of depriving custody of a child or right to visitation." Fernandez and his father were sentenced to 270 days apiece in jail, according to the Times. Elizabeth, who did not participate in the actual abduction but sheltered Fernandez and his boys at her home in Texas, was sentenced to 90 days.

The fines levied against Fernandez and his parents are a stark reminder that however badly an Orange County father or mother feels their rights have been infringed, kidnapping one's children is never the answer. Doing so endangers the children and immediately puts a parent at odds with the law. This, in turn, makes it difficult, if not impossible, to win later Orange County child custody cases once they reach California family court.

By far the better solution is to consult carefully with an Orange County child custody attorney. An experienced lawyer can offer detailed and timely advice on the best way to defend your rights and maintain the relationship with your children that you deserve.


Los Angeles Times: Father, grandparents must pay $150,000 cost of searching for missing boys in Anaheim

AP via the San Francisco Chronicle: Father, grandparents must pay $150K for search

California and Texas Divorce Petitions Raise Jurisdiction Questions for Longoria, Parker

November 30, 2010, by David P. Schwarz

Last week, just as the rest of the country was preparing to take a few days off for Thanksgiving, word broke of a divorce filing by a celebrity couple who had seemed to be headed in that direction for some time: Desperate Housewives star Eva Longoria and her husband, the NBA's Tony Parker.

As reported by the Los Angeles Times, Parker filed a divorce petition in Texas (where he plays basketball for the San Antonio Spurs) "two days after she filed for divorce from him in California. As the paper notes differences in divorce law in the two states could have a profound effect both on the speed of the divorce and on the final nature of the couple's settlement.

As Sandra Bullock showed earlier this year, an uncontested divorce can be arranged very quickly in Texas. The Times notes, however, that "Texas has no allowance for alimony" and figures spousal support differently than we do here in California. The celebrity website Monstersandcritics.com quoted a source in Parker's camp to the effect that the NBA star's filing was a protective action after Longoria went to court seeking a Southern California divorce. The site noted that Longoria is seeking spousal support and Parker "doesn't think he has that obligation."

One might ask why in a marriage involving two celebrities both of whom are at the peak of their earning powers either would be thought to owe the other any form of support? But divorce, be it in California or Texas, is rarely that simple. Parker, according to the Spurs website, is 28 and in his 9th year in the NBA. Longoria is 35 and in her 7th season on Desperate Housewives. While they both make a lot of money now it is unlikely either will do so indefinitely. One could even argue that far from asking for support Longoria ought to be paying it on the grounds that she can expect to receive residual checks from Desperate Housewives for years, if not decades, to come while Parker is likely to see little if any basketball income once his playing career ends.

Thorny issues like these are exactly the ones that prompt people to turn to an Orange County divorce lawyer when they need carefully thought-out solutions to complex California divorce, property division, spousal support and child custody questions. Neither jurisdictional questions nor concerns about long-term income are unique to athletes and celebrities. The role of a Los Angeles, San Bernardino or Orange County family law attorney is to help you sort through your options and arrive at a settlement that is just and protects your interests.


Los Angeles Times: Tony Parker files for divorce from Eva Longoria, Texas-style

CNN: Eva Longoria files for divorce from Tony Parker

Monsters & Critics: Eva Longoria to spend Thanksgiving with family and friends

Baby Vanessa Custody Ruling Favors Orange County, For Now

November 24, 2010, by David P. Schwarz

There has been a new development in the long-running custody battle over the toddler known as Baby Vanessa. According to MyFoxLA (the website for TV stations KTTV and KCOP), a three judge appeals court panel has ruled the child can stay with her Orange County adoptive mother, at least for the immediate future.

As I have noted in several earlier posts, Stacey Doss of Santa Ana is the only parent the girl has ever known, but discovered shortly after Vanessa's birth that the birth mother lied when she claimed not to know who Vanessa's father was. The father, who had known nothing of the adoption arrangement, learned of Vanessa's birth after-the-fact and has fought ever since to assert his father's rights and reclaim custody of his daughter.

As I've written in earlier posts, there are several complicating factors. First, the case stretches across state lines (Doss lives in Orange County, the birth parents are both from Ohio) and a number of jurisdictional questions remain unresolved. Second, the biological father, Benjamin Mills, has a checkered past with the birth mother, including charges of domestic violence, and does not care for the several children he already has. These children are cared for by Mills' mother - Baby Vanessa's biological grandmother - who (complication #3) has herself asserted a custody claim.

The latest ruling, allowing Vanessa to remain with Ms Doss for the time being, may have little bearing on the final outcome of the case. As MyFoxLA notes, "a trial over custody is scheduled to begin December 6 in Ohio. The (California) appellate judges today doubted they have any authority in those proceedings." Put another way, the latest decision seems focused more on the short term - the potential disruption of moving the child back-and-forth while the case remains unresolved - and does not necessarily set a long-term precedent.

Whether Mills will look at it this way remains to be seen. Since the idea that she is the only parent Vanessa knows lies at the core of Doss' Orange County custody argument, Mills, in asserting his Orange County fathers rights, could be forgiven for believing that every month the child remains with Doss weakens his chances of eventually obtaining justice in this lengthy, complex case.

These sort of complexities are reminders of the reason our legal system is built around the advice of skilled, experienced attorneys. An Orange County child custody lawyer can offer essential advice and guidance to parents facing the often confusing world of our court system. When facing an Orange County father's rights dilemma, the assistance of an Orange County family law attorney is something few can afford to be without.

WHIO.TV: Three-Judge Panel: Baby Vanessa to Stay in California

MyFoxLA.com: Court: OC Woman Can Keep Custody of Foster Daughter - For Now

Southern California Custody of Beresford-Redman Children Resolved

November 21, 2010, by David P. Schwarz

Bruce Beresford-Redman's parents were awarded "permanent guardianship" of his two children last week, only days before the TV producer was taken into custody to face possible extradition to Mexico. Authorities there believe the former producer of the TV show "Survivor" he murdered his wife - the childrens' mother - on a vacation there earlier this year. Beresford-Redman has denied those charges and proclaimed his innocence.

As I wrote in an earlier blog, the children, a five-year-old girl and a three-year-old boy, have been living with their paternal grandparents since their mother's death last April. Custody became an issue in May when a Los Angeles court turned down the grandparents' request to restore Beresford-Redman's custody rights. During the same hearing the court also turned down a Southern California child custody request by two aunts on the mother's side of the family.

According to the Los Angeles Times, Beresford-Redman was arrested last Tuesday and is facing extradition to Mexico in connection with his wife's murder. He has denied any involvement in her death. As the website MyFoxLA (which combines the newsgathering resources of two different LA-area television stations, KTTV and KCOP) reports, the Los Angeles child custody dispute over the Beresford-Redman children has moved in tandem with the murder allegations against their father since last spring.

This complex and tragic case serves as a useful reminder of the ways in which Los Angeles and Orange County Child Custody actions can often wind up being tied, directly or indirectly, to non-family law matters. Bruce Beresford-Redman's custody issues are a direct outgrowth of the fact that he may soon be facing murder charges. Reading accounts of the custody dispute is difficult to avoid the conclusion that the unusual nature of the case - a father suspected of involvement in his wife's murder - has led his extended family to divide into separate camps over the seemingly unrelated issue of custody and visitation.

Interrelationships like these are one of the most important reasons why clients should take care in selecting a California family law attorney. Though the law is often an extremely compartmentalized profession, an experienced Orange County custody and visitation lawyer should be sufficiently well-versed in civil and criminal law to advise clients of how these other areas of our legal system may impact their case.


Contactmusic: Beresford-Redman loses custody of his children

Los Angeles Times: TV producer Bruce Beresford Redman arrested in wife's Cancun slaying

MyFoxLA.com: Settlement reached in Beresford-Redman Custody Dispute

Moores' Southern California Divorce Case Shows That You Can't Play With the Courts

November 11, 2010, by David P. Schwarz

Southern California's other baseball-focused divorce case returned to the headlines last week. Amid LA's fixation on the high profile break-up of Dodgers owner Frank McCourt and his wife Jamie, many readers may have forgotten about the similar, if somewhat lower-decibel, drama playing out south of us in San Diego.

The San Diego case revolves around Padres owner John Moores and his wife of 47 years, Becky. Unlike the McCourts, the Moores have worked hard to keep their California divorce out of the public eye. The Moores case, however, has loomed over LA and the McCourts for one simple reason: the still-pending divorce appears to have been the driving force behind John Moores' decision to sell his baseball team - an outcome that has led many a Dodgers fan to wonder if LA is headed for a similar fate.

The latest legal lesson to emerge from the San Diego case, however, has nothing to do with baseball. Instead it concerns how a couple in the midst of a San Diego, Los Angeles or Orange County divorce ought to deal with the court system. As the San Diego Union-Tribune reports, the Moores' appear to have fallen foul of the judge assigned to oversee their case. Back in March the judge called off a public trial when the publicity-shy couple reported that they had reached a Southern California divorce settlement. Eight months, and four scrubbed court dates later, however, the judge still has not seen this settlement. As the Union-Tribune notes, each hearing scheduled to review and finalize the settlement has been cancelled when lawyers for the couple suddenly announced they needed more time to complete the paperwork. Now, the judge has issued an ultimatum: produce the long-delayed final settlement or prepare for a public trial.

Perhaps this shouldn't really be a surprise. Though the Moores' have been claiming since last spring that things between them are more-or-less settled, the paper notes that "several disagreements over access to witnesses and assets have complicated a case that was already so complex that it required the hiring of forensic accountants." Add to that the fact that the judge, last year, "threatened to hire an expensive referee to deal with [the Moores'] disagreements" and we can speculate, in retrospect, that matters may not have been as settled last March as the Moores' wanted the public, or the judge, to believe.

Managing the technicalities of the legal process is one of the most important services an Orange County divorce attorney can offer clients. Dragging a case out may sometimes seem attractive to a client, but it is always important to consider the broader picture - including the attitude the courts or a particular judge may take toward repeated cancellations or postponements of court dates. Clients often think of divorce lawyers mainly in terms of personal representation during adversarial proceedings - but this detailed knowledge of the court system and the advice an Orange County divorce attorney can offer on the best ways to manage your interaction with the court system itself should be a key consideration in choosing an experienced Orange County family law attorney.


San Diego Union-Tribune: Moores divorce could be headed back to trial

San Diego Union-Tribune: John and Becky Moores reach divorce settlement