Although justice can and does happen on a daily basis in the family courts here in California, one need only be at the end of an injustice to lose all hope and faith in the system. I often tell people seeking advice that justice is not the purpose behind the courts, but conflict resolution. Justice [...]
One of my favorite blogs on family law has an interesting article on a local court case that has gone to appeal. http://www.thurmanarnold.com/Blog2/2011/May/Marriage-of-Davenport-Trial-Court-SANCTIONS-Wife.aspx You can read a more detailed synopsis of the case there. The case apparently involved 18 volumes and a motion for sanctions under Family Code 271, what is known as a "Feldman" [...]
If you are reading this the chances are you have already previewed a number of websites from a number of authorities, both lawyers and laypersons, making claims about bias in the family courts. Most of them fall along the lines of two common themes: people who think women are being favored and people who think [...]
In a word, yes. California Law allows parties to file a "Petitioner to remove a trustee" if they are not following the directions of the trust. A trust is a plan (hence the term "estate plan") for the person putting money into the trust, called the "settlor". A trustee has a "fiduciary" duty, meaning a [...]
Enhancing Mechanisms to Handle Perjury I fully support your analysis, conclusion, and recommendations, but would add to that. Under “New civil sanctions” the conditions necessary for criminal prosecution are listed. I believe all parties should be informed of the consequences of perjury at the outset and if the conditions listed are met, that prosecution should [...]
Enhancing Mechanisms to Handle Perjury This is one of the most frustrating aspects of family law. People lie baldly all the time, often in the face of overwhelming evidence of the falsity of the testimony. Victims of perjury lose faith in the system which is essentially powerless to punish it. A civil sanction would [...]
The old saying that there is more perjury committed in family law cases than any other is not such an outlandish statement. I believe more effective tools should be implemented so that the attorney and/or the bench officer can address the issue of perjury if in fact such can be proved. Thomas P. Stabile Trial [...]
The prevalence of perjury in family court---leveling false accusations of domestic violence and child abuse are essentially accepted, standard litigating strategies, frequently advised by attorneys, therapists, and other counselors---may be reduced by punishing it, but doing so is unlikely to eliminate it as long as false allegations continue to be an efficacious means toward certain [...]
Enhancing Mechanisms to Handle perjury Agree with the recommendation subject to modification as described below. We agree that some mechanism is needed to address the issue of perjury in family law cases. We agree that legislation is the appropriate means to bring about the change. We agree that orders obtained using knowingly or fraudulently [...]
This is one of the most important areas to fix in Family Courts. This brief paragraph is woefully inadequate. Where there is material perjury on financial or custody-related issues, there must be serious consequences to the litigants AND the attorneys. The officers of the Court (lawyers) must be held accountable by the State Bar’s code [...]
