Divorce and Request for Orders Statement of Decisions

At the Orange County Law office of David P Schwarz we have experienced numerous cases in divorce proceedings where a statement of decision is necessary in child custody and child support hearings. Please contact our office at 949 735 9266 or via the web for a consultation. We can also be reached by email at dpslaw66@gmail.com.

A Divorce lawyer will explain to their client that a statement of decision is not Generally required for motion and OSC rulings: In a nonjury “trial,” the court is required to issue a CCP § 632 statement of decision upon a party's timely request. However, the hearing on a motion or OSC is not a “trial” and, thus, the parties ordinarily are not entitled to a formal statement of decision in connection with motion or OSC rulings. Findings necessary to support the order are implied by the order itself. not required even if motion involves evidentiary hearing and order is appealable.

There are exceptions to whether a statement of decision is necessary in motions filed before the family law court.

Statutes requiring statement of decision: The general rule gives way where a statute expressly requires a statement of decision on particular OSC or motion matters.

A Divorce lawyer will show their client that on either party's request in a contested child custody proceeding, the court “shall” issue a CCP § 632 statement of decision explaining the factual and legal basis for its determination.

Upon either party's request, an order modifying, terminating or setting aside a support order must include a statement of decision.

Also, the court “shall render a statement of decision” upon timely request in connection with a Fam.C. § 2120 set-aside motion or proceeding where the court's ruling resolves “controverted factual evidence.”

At the Orange county law office of David P Schwarz we have shown the court that there is a Judicial exception re “important issues” for a right to a statement of decision, upon request, such as in contested child custody cases, recognized a judicially-created exception to the no-statement-of-decision rule in OSC/motion matters where the issues decided are “sufficiently important”:

A divorce attorney will assist you in getting a statement of decision done properly. [W]here the issues are sufficiently important, as in a child custody case, formal findings of fact and conclusions of law a statement of decision is required upon the request of a party, regardless of the nature of the proceedings.”

Whether an issue decided by an OSC/motion ruling is “sufficiently important” to trigger this right to a statement of decision (where a statement of decision is not otherwise required by statute is apparently approached on a case-by-case basis. Courts balance (i) the significance of the rights affected and the magnitude of the potential adverse effect on those rights, and (ii) whether appellate review can effectively be accomplished even in the absence of express findings.

At the Orange County Law Office of David P Schwarz we have experience many statement of decision cases in divorce proceedings. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at dpslaw66@gmail.com.

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