What is Gatekeeping?

When a child refuses or resists contact with one of the parents, many things may be going on and it’s important to get the right professionals involved to investigate and determine how best to help.  

Family Code §3028 states that "The court may order financial compensation … when a parent has been thwarted by the other parent when attempting to exercise custody or visitation rights contemplated by a custody or visitation order.

There are three types of gatekeeping:

Restrictive gatekeeping is when a parent puts barriers to facilitating the other parents time and involvement not for good cause or in bad faith.

Protective gatekeeping is when a parent restricts parenting time and involvement for good cause – such as abuse, neglect, or instability

Facilitative gatekeeping is when a parent actively promots the involvement of the other parent in parenting.

Can my child tell the court where they want to live?

Maybe.

If your child is over 12, the Court is required to provide a method for their voice to be incorporated into the Judge’s decision. The court must provide an alternative for a child address the court outside of the presence of the parties (their parents0 in order to obtain input directly from the child.

Calley's Law

Starting January 1, 2023, "Calley's Law" adds §6323.5 to the California Family Code. This provision authorizing a court to include an order that prevents restraining a party from accessing records and information pertaining to the health care, education, daycare, recreational activities, or employment of a minor child of the parties.

The new law requires an essential care provider, as defined, to develop protocols relating to compliance with that order on or before February 1, 2023, and will require a discretionary services organization, as defined, to develop those protocols within 30 days of receipt of the first order.

Can I request my ex seek work?

Experienced family law attorneys will tell their clients that even if your ex is receiving gifts from his/her family that you can still be ordered to seek work to support your minor child.

In 2022, in Haley v Antunovich (2022) 76 CA5th 923, the court of appeal affirmed a trial court order requiring a child's mother to seek work in an appropriate exercise of discretion. The court found substantial evidence that order was in the best interest of the child and was consistent with various principles in Family Code §4053, including that each parent should pay for the support of the children according to the parent's ability.

If one spouse gives money to their family on occasion over the years during marriage, is the other spouse entitled to ask the community to be reimbursed for money given in the divorce?

Experienced family law attorneys will help clients understand the impact of gifts during marriage.

According to Fam. Code § 1100, subd. (b), spouses may not make a gift of community property, or dispose of community property for less than fair and reasonable value, without the written consent of the other spouse.  There is a statutory exception for “gifts mutually given by both spouses to third parties”. 

Section 1101 provides a list of remedies for breaches of interspousal fiduciary duties, up to and including an award of 100% of the community property asset to the nonconsenting spouse.

In 2017, Shelly Sterling, wife of former LA Clippers owner Don Sterling, sued Don’s “friend” V. Stiviano under Fam. Code § 1100(b) to clawback money as well as the house from the third party gift recipient. This case was unpublished Sterling v. Stiviano, 2017 Cal. App. Unpub. LEXIS 4916 * | 2017 WL 3083472