law-materials

 

Family Law Summaries - May 8, 2006

Page history last edited by david 3 yrs ago
  • Smelt v. County of Orange
  • In the Interest of A.M. & B.M.
  • Cheryl P. v. Superior Court of San Diego County

U.S. 9th Circuit Court of Appeals

 

Smelt v. County of Orange (05/05/06 - No. 05-56040)

In a case brought by two California men who wished to marry each other, orders abstaining as to constitutional claims attacking state laws and ruling adversely to plaintiffs on federal constitutional claims are affirmed and reversed in part where plaintiffs lacked standing for their attacks on the Federal Defense of Marriage Act, and the district court properly abstained from deciding their constitutional attacks on state laws precluding them from obtaining a marriage license.

http://caselaw.lp.findlaw.com/data2/circs/9th/0556040p.pdf

 

Supreme Court of Texas

 

In the Interest of A.M. & B.M. (05/05/06 - No. 03-0509)

Court of appeals rulings in proceedings involving unpaid child support are reversed where the court of appeals erred in applying Texas Family Code section 157.008 to shift the child support obligation from the obligor to the obligee during periods of excess possession, and in finding that the Attorney General lacked standing to litigate any part of the defense provided by the statute.

http://caselaw.lp.findlaw.com/data2/texasstatecases/sc/030509.pdf

 

California Appellate Districts

 

Cheryl P. v. Superior Court of San Diego County (05/05/06 - No. D047891)

Parents' petition for extraordinary writ relief challenging a juvenile court order denying them reunification services and setting a Welf. & Inst. Code section 366.26 hearing in a child's dependency case is granted in part insofar as pertaining to one child where the juvenile court erred by denying them services in a dependency case under Welf. & Inst. Code section 361.5(b)(10).

http://caselaw.lp.findlaw.com/data2/californiastatecases/d047891.doc

http://caselaw.lp.findlaw.com/data2/californiastatecases/d047891.pdf

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