Custody battles are often contentious, and parties can have strong reactions if a Judge issues a ruling they deem unfavorable. Merely because a Judge finds in one party’s favor does not mean that they harbor a bias, however, and parties that unjustly accuse a Judge of being partial to their opponent may be sanctioned. As demonstrated in a recent California ruling issued in a custody dispute, however, the California Family Code does not permit the Courts to sanction attorneys for the conduct of their clients. If you are embroiled in an argument over child custody, it is wise to meet with a skilled San Diego child custody lawyer to assess your options.
Background of the Case
It is reported that the mother and the father had a child in 2019. The mother then filed a petition seeking primary physical and joint custody of the child. During the hearing on the matter, the Judge expressed concern that the mother seemed to believe she was in control of custody and could determine when the father saw the child. The Judge granted an interim custody order to allow the mother to hire an attorney.
Allegedly, the mother then retained counsel and filed a motion to disqualify the Judge. The Judge warned her that her refusal to answer questions regarding visitation could lead to sanctions. The mother then submitted a proposed judgment. The father objected to the judgment on the grounds that it did not comply with the Judge’s previously entered order, and the Judge agreed, ruling in the father’s favor. The issue of sanctions arose again due to the mother’s continuous filing of late motions without notice. The Judge ultimately ordered sanctions against the mother and her attorney pursuant to California Family Code Section 271. The mother then appealed. Continue reading