Anne H. v. Michael B. (2016) 1 Cal.App.5th 488
Jul 12, 2016OUTCOME: Affirmed
Observation by judge at trial that what might happen might be a change of circumstance sufficient to revisit final parenting plan is dictum.
Leslie Ellen Shear's Legal Cases (21)
Encino, CA
Appeals Lawyer at Encino, CA
Practice Areas: Appeals, Child Custody, Family
R.M. v. T.A. (2015) 233 Cal.App.4th 760
Jan 27, 2015OUTCOME: Affirmed
Single mother by choice does not have constitutionally-protected interest in maintaining single family form. Trial court did not give undue weight to policy favoring two-parent households. Social fathe ... r (non-biological) met burden of proof per Cal. Fam. Code Section 7611(d)
Rand v. Board of Psychology (2012) 205 Cal.App.4th 1209
May 10, 2012OUTCOME: Affirmed
Discipline of psychologist for conduct while serving as court-appointed Parent Coordinator/Special Master. Amicus brief (ACFLS) re role of Parent Coordinators in CA and legal underpinnings of that role ... .
H.S. v. Superior Court (2010, 4th District, Riverside) 183 Cal.App.4th 1502
Apr 22, 2010OUTCOME: Reversed trial court decision
Voluntary declaration of paternity executed by married woman void. Alleged biological father lacks standing to challenge maritally-presumed father. Conflict between parentage statutes resolved by con ... sidering whether construction furthers or frustrates policies of statutory schemes. Reversed. (Petitioners)
Strauss v. Horton (2009) 46 Cal.4th 364
May 26, 2009OUTCOME: Prop 8 not invalidated
Constitutionality of California's Prop. 8 barring marriage equality. Wrote amicus brief for ACFLS and Northern CA AAML seeking invalidation of amendment to CA constitution.
Marriage of Paillier (2006, 4th District, Riverside)
Jan 01, 2006OUTCOME: Reversed
California family court cannot enforce ne exeat and visitation provisions of French child custody decree under Cal-UCCJEA by modifying orders to transfer custody from mother to father or by sending chi ... ld to France.
Kristine H. v. Lisa R. (2005) 37 Cal. 4th 156
Jan 01, 2005OUTCOME: Established rights of non-bio lesbian mother
Parentage (maternity of non-biological lesbian co-parent). Gender-neutral application of parentage presumptions, collateral attack on judgments, pre-birth parentage judgments, establishment of parentag ... e by stipulation, estoppel, intended-parent doctrine, evidence of biology doesn’t refute presumed parenthood. Affirmed. (Respondent, fully briefed and argued all issues presented by this case and Elisa B. v. Sup. Ct. (Emily B.) (2005) 37 Cal. 4th 108, and K.M. v. E.G. (2005) 37 Cal.4th 130)
Craig L. v. Sandy S. (2004, 4th District, San Diego) 125 Cal.App. 4th 36
Jan 01, 2004OUTCOME: Reversed
Marital and functional paternity presumptions. Standing, rights of biological and psychological father to recognition of paternity over claims of maritally-presumed father.
Marriage of Abargil (2003, 2nd District) 106 Cal.App. 4th 1294
Jan 01, 2003OUTCOME: Reversed
Child custody (international relocation). Scope of trial court discretion to order inter¬national relocation. Duty to preserve California jurisdiction, issue abduction prevention orders, and meaningfu ... lly protect child’s relationship with left-behind parent when permitting interna¬tional relocation. Remanded for adequate jurisdictional protection orders.
Marriage of Rose and Richardson (2002, 2nd District) 102 Cal.App. 4th 941
Jan 01, 2002OUTCOME: Reversed
Child custody (relocation, modification). Inapplicability of changed circumstances doctrine to child custody relocation case where child custody provisions in stipulated judgment did not contain unequi ... vocal provisions that the child custody orders were intended to be final.
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