Why Case Law Matters

California family law is not defined by the Family Code alone. Courts interpret and apply the Family Code through their decisions, and these judicial opinions become binding precedent. Understanding key cases gives you insight into how courts interpret the code sections that apply to your case.

Marriage of LaMusga (2004) | Move-Away Cases

Marriage of LaMusga (2004) 32 Cal.4th 1072 is the leading decision on move-away custody cases. When a parent with sole physical custody seeks to relocate, the non-relocating parent bears the burden of showing detriment. The court conducts a best-interest analysis considering stability, relationships, distance, and children’s ages.

Marriage of Burgess (1996) | Custodial Parent’s Right to Move

Marriage of Burgess (1996) 13 Cal.4th 25 established that a custodial parent has a presumptive right to change the residence of the children. A change in custody should not be used as a penalty for the custodial parent’s decision to relocate.

Marriage of Brown and Yana (2006) | Custody Modification Standard

Marriage of Brown and Yana (2006) 37 Cal.4th 947 clarified that the standard for modifying a final custody order is the best interest of the child, not the higher changed circumstance standard. Family Code section 3087 allows modification at any time when in the child’s best interest.

Marriage of Epstein (1979) and Marriage of Watts (1985) | Reimbursement Claims

Marriage of Epstein (1979) 24 Cal.3d 76 held that after separation, a spouse who uses community funds to pay separate obligations must reimburse the community. Marriage of Watts (1985) 171 Cal.App.3d 366 held that a spouse with exclusive use of a community asset after separation may owe fair rental value. These “Epstein credits” and “Watts charges” are commonly raised in property division.

Marriage of Feldman (2007) | Date of Separation

Marriage of Feldman (2007) 153 Cal.App.4th 1470 addressed the date of separation definition. This was later superseded by a 2016 amendment to Family Code section 70, which now defines separation as the date of a complete and final break requiring both expressed intent and consistent conduct, but not necessarily physical separation.

Marriage of Gavron (1988) | Spousal Support and Self-Sufficiency

Marriage of Gavron (1988) 203 Cal.App.3d 705 established that courts should admonish supported spouses to make reasonable efforts to become self-supporting. The “Gavron warning” puts the supported spouse on notice that failure to make good-faith efforts may result in modification or termination of support.

Marriage of Bodo (2011) | Section 4320 Analysis Required

Marriage of Bodo (2011) 198 Cal.App.4th 373 reinforced that courts must consider and weigh all Family Code section 4320 factors when setting permanent spousal support. The court reversed a support order that relied on a guideline calculator without the required analysis.

Marriage of Perlstein (2006) | Income for Support Purposes

Marriage of Pearlstein (2006) 204 Cal.App.4th 1510 addressed imputing income to a voluntarily unemployed or underemployed parent. The court must consider ability and opportunity to earn, not just willingness.

Marriage of Valli (2014) | Transmutation Requirements

Marriage of Valli (2014) 58 Cal.4th 1396 held that under Family Code section 852, a transmutation of property during marriage must be in writing and must expressly state that a change in ownership is being made. Informal statements and oral agreements are insufficient.

Using Case Law in Your Case

When preparing for hearings or trial, research the key cases that apply to your issues. Cite cases with full name, year, and citation. When in doubt, your local public law library is a good place to go for help to ensure the cases you’re relying on are still good law.

Disclaimer: This article on California family law is published for informational purposes and does not constitute legal advice. Family law issues are fact-specific and complex. Consult with a licensed family law attorney for specific advice about your case.