divorce attorney Laguna Woods

If you are searching for the best Child Custody attorney in the area of Laguna Woods, look no further. Binoye Jos, of JOS FAMILY LAW , is a compassionate, experienced attorney who will fight for your rights in a manner that is efficient and cost-effective.

Sometimes, even the best parents’ minds are clouded due to the emotional nature of Child Custody proceedings. These parents may even discuss such adult matters with their child. This causes undue hardship on a child, who should be protected from discussions regarding Child Custody, especially when there are hard feelings between the parents. When a child initiates a discussion about these issues, it is best to simply let them know that their parents are working it out, and to change the subject. And if your child continues to obsess about these matters, it may be a good idea to have a therapist speak with your child. At JOS FAMILY LAW , our objective is, of course, to help our clients. In doing so, however, our focus must always be on what is in the best interests of the child.

Family Law is one of the very few practice areas where a good attorney can truly act as a counselor. As such, we at JOS FAMILY LAW have an opportunity to advise our clients when they are acting in a manner that is NOT in the best interests of their child. Unfortunately, some attorneys prefer lengthy litigation over a more peaceful mediation, even when the latter is a more suitable – and much less costly – solution for resolving conflicts that arise when making determinations regarding child custody. The only party who benefits from lengthy litigation is the attorney, and the benefit is purely financial. It is the attorney’s client who suffers.

If you are truly looking for an attorney who will mediate, whenever possible, and will use the courts to make determinations when mediation falls short, feel free to contact JOS FAMILY LAW . We will help you make the transition into your new life as seamless as possible. You may reach us at (714) 733-7066 or via email at jos@josfamilylaw.com. We look forward to discussing your Child Custody matter with you, and helping find the solution that best fits your needs and desires.

SANCTIONS

There are different types of sanctions in Family Law cases. One is known informally as “271 sanctions,” named because they are based on Family Code Section 271. These types of sanctions apply if the conduct of the other party undermines the settlement efforts. This sanction even applies to conduct that does not result in the filing of a motion. It is not enough to establish that the other party or their attorney was uncooperative in attempts to resolve the matter. The moving party must also establish that such conduct resulted in frustration of the settlement process. Sanctionable conduct includes failure to provide the other side with a complete disclosure of all assets and debts, repeated failure to respond to discovery requests, failure to respond to settlement attempts.

Self-represented parties are held to the same standards as attorneys. This means that despite the animosity that is inherent in all cases, a self-represented party should make best efforts to exert professionalism in all communications with either the opposing party, or if applicable with the opposing party’s counsel. Communications include phone calls and emails. In all communications, anticipate that your email may be viewed by the Judge in a future proceeding. Do not disparage the opposing party or their counsel. Do not make baseless accusations. Instead, focus all communications on the facts at issue.

Sanctions can also be awarded based on Civil Code of Procedure Section 128.5 for the fees (if you are represented) and costs incurred because of having to defend against a motion or other litigation tactic that lacks merit and is filed or conducted in bad faith filed solely to cause delay. These types of sanctions require the filing of a motion with a declaration describing the specific conduct at issue. However, the opposing party is providing a safe harbor of 21 days within which to correct their offensive conduct. In a motion for sanctions, you can request monetary relief in the form of reimbursement for costs actually incurred. However, you can also request non-monetary sanctions such as striking of a pleading.

Code of Civil Procedure Section 177.5 sanctions can be requested if the other party violates a Court Order without good cause or substantial justification. For this type of violation, the Court can impose up to $1,500 payable to the County rather than to the party requesting it.

As part of granting relief from a default, default judgment or case dismissal, the Court can also impose up to $1,000 against the attorney or party responsible for the default, default judgment or case dismissal. This $1,000 would be payable to the State Bar Client Security Fund.

Motions for Sanctions can be made at any time in the litigation process, or they can be made at the tail end of the case. Either way, due process requires that the non-moving party be given notice and the opportunity to be heard.