California Divorce and Family Law

California Divorce Blog - Courts Have the Power to Restrict Parents Speech

AN ORDER RESTRAINING A PARENT FROM “INTERFERING” WITH THE OTHER PARENT’S PARENTING TIME IS NEITHER AMBIGUOUS NOR UNCONSTITUTIONALLY OVERBROAD.
In family law cases, courts have the power to restrict speech to promote the welfare of the children.
Irmo Hartmann (2010) ___ Cal.App.4th ___(CA 2/6 – Opinion filed June 23, 2010)
In a recent divorce and child custody case the Husband asked the court to issue a restraining order preventing Wife from interfering with his custodial time. Husband complained that Wife told the children every detail of the trial, told them that he lied to the court and told them they do not have to follow the court’s orders. She also told the children their father lied to reduce his child support obligation. In October 2007, after an evidentiary hearing, the trial court found Wife treated the court orders as if they were a “work in progress.”
The trial court also found Wife was attempting to alienate the children by her actions, words and demeanor and issued an order restraining her from interfering with Husband’s custodial time. Undaunted, Wife carried on the campaign. She appealed this order and the appellate court decided that In family law cases, courts have the power to restrict speech to promote the welfare of the children.
Thus courts routinely order the parties not to make disparaging comments about the other parent to their children or in their childrens presence. (See In re Marriage of Candiotti (1995) 34 Cal.App.4th 718, 725.) If a court is unable to order the parties not to interfere with a custody.

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California Divorce - Will California Outlaw Divorce

Thanks to the law permitting public initiatives in California, gay and lesbian people may soon be able to vote on the marriages of heterosexual people. It was, of course, the initiative process that brought us Proposition 8, that put gay marriage up for a popular vote and overturned the judicial legalization of such unions.

Now, a measure that would outlaw divorce among those heterosexually married folks could be headed for the 2012 ballot in California. Mercury News reports that “the 2012 California Marriage Protection Act has cleared a major legal milestone: Last week, the secretary of state’s office gave [John] Marcotte permission to start gathering signatures. To make the June 2012 ballot, he’ll need nearly 700,000 approved signatures by the spring of that year.”

The 38-year-old Marcotte has said such a measure is necessary to preserve marriage, as the anti-gay marriage folks say they want to do. Marcotte has complained “among other things that divorced teachers shouldn’t be allowed to teach his kids. He said there’s a reason people like his anti-divorce arguments so much: ‘I stole them from the Yes on 8 site.’ And he’s counting on support from groups who bankrolled the anti-gay-marriage initiative.”  Read More...