San Diego Move Away Cases With Sample Trial Brief
This San Diego Move Away article is written in pleading format since it is a summary of the law which was filed in a San Diego move away trial in March of 2008 for a San Diego divorce case. This is an actual trial brief filed in the San Diego Superior Court modified to remove the names and case numbers and facts of this individual case and to insert [underlined] comments by the author of this article. All cases are unique in their facts however the law which applies to cases is the same regardless of gender, nationality, and other factors which cannot be used as a basis for a legal decision.
Move away cases are among the most difficult family law and divorce cases and San Diego Judges hear this cases on a frequent basis given the large amount of military families and deployments in recent years from the military bases in San Diego County as well as migration of families out of San Diego and into other states due to economic conditions currently in San Diego as well as Southern California. Move away cases can be considered a sub practice area within family law and divorce and paternity cases and the law is complicated and complex. There is a difference in the legal standard, for example, to a Judge if the case is pre judgment with temporary orders without prejudice or no orders and post judgment when the orders are permanent.
The author hopes you find this sample format useful and the case law is published and available to all on many search engines, and the below summaries were taken from many legal programs and sources. One is called Attorney's Briefcase which is a legal program used by family law and divorce attorneys. In this program, the case summary can be exported to a card and then marked and included in a brief given subject matter areas. Most practicing family law attorneys will also have a program for calculating child support and temporary spousal support called the Disso Master which the attorneys and Judges both use. The current practice of family law and divorce law is very complicated for the attorney as well and there are many other programs which are used on a daily basis in a family law and divorce practice. The law is constantly changing and all cases cited below need to be individually checked to make sure they are current with Shepard's or another case citing service.
Below is an example of a brief in a complicated and complex move away case. As above, the names and personal information has been deleted or names/numbers made up for illustration purposes. The law firm of Doppelt & Forney, APLC makes no warranties, express or implied, regarding the fitness or use of the below brief and all are advised to retain a qualified and competent attorney prior to filing a trial brief as the rules are complex under Local Rule 5.7.1E of the San Diego Superior Court as well as the Code of Civil Procedure and the Family Law Code of the State of California. Additional pleadings may also be mandatory [such as an Income and Expense Declaration and others] and there are sanctions for non compliance. This brief argues for the remainor and not the movor, and law is included regarding a vocational evaluation as well as bonding study for an expert opinion regarding opportunity to work and ability to earn as well as best interests of the minor child. Many times a motion for personal job contacts [ten per week] will also be requested and ordered if a parent asserts that they cannot obtain full time employment in San Diego, California.