Furie v. Furie (In re Furie) (2017)

(In re Marriage of Furie (2017) 16 Cal.App.5th 816, 825 [“We review a trial court’s order for reimbursement of uninsured healthcare expenses for abuse of discretion.”]; In re Marriage of Rothrock (2008) 159 Cal.App.4th 223, 236 .) Under an abuse of discretion standard, “we consider only ‘whether the court’s factual determinations are supported by substantial evidence and whether the court acted reasonably in exercising its discretion.’ [Citation.] ‘We do not substitute our j…

(See Baglione v. Health Net of California, Inc. (2023) 97 Cal.App.5th 882 , 893; United Grand Corp. v. Malibu Hillbillies, LLC (2019) 36 Cal.App.5th 142, 153 (United Grand) [“We may and do ‘disregard conclusory 14 arguments that are not supported by pertinent legal authority or fail to disclose the reasoning by which the appellant reached the conclusions he wants us to adopt’ ”]; see also Rappleyea v. Campbell (1994) 8 Cal.4th 975 , 984–985; In re Marriage of Furie (2017) 16…

(See In re Marriage of Rothrock (2008) 159 Cal.App.4th 223, 236 ; 14 In re Marriage of Furie (2017) 16 Cal.App.5th 816, 825 [“We review a trial court’s order for reimbursement of uninsured healthcare expenses for abuse of discretion.”].) Under the abuse of discretion standard, “‘[w]e do not substitute our judgment for that of the trial court, but confine ourselves to determining whether any judge could have reasonably made the challenged order.’” (In re Marriage of Macilwain…

However, instead of modifying legal custody to grant Brandon sole or tiebreaking authority to decide which school the children should attend (see, e.g., In re Marriage of Furie (2017) 16 Cal.App.5th 816, 827 [order granting the mother sole authority to make decisions regarding the children’s orthodontic care]), the court ordered, “the children are . . . to be enrolled and attend public school in Rowland Heights until further order of the court or written stipulation of the p…

(See In re Marriage of Furie (2017) 16 Cal.App.5th 816, 827 [applying best interest standard to RFO seeking modification of child’s orthodontic care].) Generally, “[w]e review custody and visitation orders for an abuse of discretion, and apply the substantial evidence standard to the court’s factual findings.” (In re Marriage of Fajota (2014) 230 Cal.App.4th 1487, 1497 ; see In re Marriage of Burgess (1996) 13 Cal.4th 25, 32 [although abuse of discretion standard applies 10 …

(See Furie, supra, 16 Cal.App.5th at p. 827 [affirming order granting mother’s authority over children’s orthodontic care and requiring father to pay for half, where “[a]lthough the trial court did not expressly find that the modification was in [the children’s] best interest, father did not object or note the omission”].) Fourth, regarding father’s contention that the trial court’s order must be reversed based on Family Code section 31901 or because it violates father’s rig…

Code, § 3003 [“Joint legal custody” means both parents share the right and responsibility to make decisions relating to health, education, and welfare of a child]; In re Marriage of Brown & Yana (2006) 37 Cal.4th 947, 956 [parent seeking modification of final custody determination must show changed circumstances]; In re Marriage of Furie (2017) 16 Cal.App.5th 816, 826-827 [best interest standard, not change in circumstances, governs modification of parenting authority, such …

(See ibid.; and see In re Marriage of Furie (2017) 16 Cal.App.5th 816, 831, fn. 10 [transfer to another department of the same superior court does not render a judge unavailable for purposes of Code of Civil Procedure section 1008].) 19 III.

(Furie, supra, 16 Cal.App.5th at p. 827 [“no reason to require a ‘changed circumstances’ test when a modification amounts to something less than a change of legal custody.”]) The appellate courts recognized the value of stability and continuity in custody arrangements, and the need to avoid disruption of final judicial custody determinations except when the parent seeking the modification demonstrates a significant change of circumstances indicating that such a change is in …

(See, e.g., In re Marriage of Furie (2017) 16 Cal.App.5th 816, 826 [“A trial court’s order modifying custody is ‘appropriate only if the parent seeking modification demonstrates “ ‘a significant change of circumstances’ indicating that a different custody arrangement would be in the child’s best interest.” ’ ”].) The court also did not specify the noncompliance by Kimberly with prior orders that purportedly justified the change in custody and the prohibition on communication…

(In re Marriage of Lucio (2008) 161 Cal.App.4th 1068, 1077 ; accord, In re Marriage of Furie (2017) 16 Cal.App.5th 816, 827 [the appropriate standard for ordering a modification in parenting authority that does not rise to the level of a change in custody is the best interests test].) Relevant factors for the court to consider in determining the best interest of the child include the health, safety and welfare of the child, any history of physical or substance abuse by eithe…