Debra S. Frank's Message from the Chair appeared in the February 2011 edition of Family Law eNews
Los Angeles, CA, February 2011
Debra S. Frank’s Message from the Chair appeared in the February 2011 edition of Family Law eNews published by the Family Law Section of the Los Angeles County Bar Association
Debra S. Frank’s Message from the Chair appeared in the February 2011 edition of Family Law eNews published by the Family Law Section of the Los Angeles County Bar Association. Debra S. Frank, Esq. (http://www.DSFrankLawOffice.com), a Certified Family Law Specialist in Century City, California, currently serves as Chair of the Family Law Section of the Los Angeles County Bar Association.
Family Law eNews, An E-Publication of the Los Angeles County Bar Association, Volume I, Number 6, February 2011.
Message from the Chair
As Chair of the Los Angeles County Bar Association Family Law Section, I am pleased to announce that our Executive Committee unanimously approved a letter to be sent to the Judicial Council commenting on Juvenile Law: Sibling Visitation - W11-04, Child Support: Revised Forms to Implement Changes to the Family Code and Improve Administration of Title IV-D Cases - W11-05, and Family Law: Live Testimony at Hearings and Declarations - W11-06, the new proposed Rules of Court 5-119 and amended rule 5-118. The letter, among other issues, addressed the concerns of the Committee regarding the limitations on the length of declarations while addressing significant issues that the Judicial Council should address. The full letter is attached below.
The Family Law Section has also voted to directly support the important work of LACBA's Domestic Violence Project ("DVP"). Therefore, the Section will donate $5.00 from every paid registration to support the operations of the DVP at the Mosk and Pasadena Courthouses. Learn more at the LACBA website.
On Thursday, March 3, 2011 the Los Angeles County Bar Association's Domestic Violence Project (DVP) will hold a reception to celebrate 25 years of providing legal assistance to victims of domestic violence and their families. Last year alone, the DVP helped more than 10,000 victims of domestic violence.
We have also been asked by the 4th Appellate District to prepare an amicus brief on a case before them. The case essentially asks the question, what are the FC 721 fiduciary duties to account between the date of separation and date of division.
The Court of Appeal has invited various organizations, included ours, to file amicus curiae briefs on the following questions:
"Recognizing that spouses have a fiduciary duty under Family Code section 721, subdivision (b)(2), to "[r]ender upon request, true and full information of all things affecting any transaction which concerns the community property," but that statute does not impose a duty for either spouse to keep detailed books and records of community property transactions," does a spouse have a duty to keep some records regarding community property transactions post-separation? If so, what is the nature and extent of that post-separation duty to account, and what remedies, evidentiary or otherwise, are available for its breach. For example should a spouse suffer some penalty, evidentiary or otherwise, if that spouse fails to keep any books or records showing the postseparation use or expenditure of community assets in his or her management and control at the date of separation and those assets are nonexistent or substantially depleted at the dateof marital property division?"
The Family Law Section is very active and we welcome your involvement.
Debra S. Frank, Chair, Family Law Section
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Debra S. Frank, Esq.
Attorney at Law
Debra S. Frank, APLC
Los Angeles, CA