Published Case Drop: Marriage of MP & MC

Описание: Title: Marriage of M.P. & M.C.: Published Opinion Drop (California Family Law Appellate Group)

DVPA sexual-abuse cases often hinge on what a child said outside court—because the child may not testify. This published opinion confirms when that child’s statements can come in for their truth, and what safeguards you must build into the record. (Opn. pp. 3, 16–19.)

Episode Summary:
In Marriage of M.P. & M.C. (4th Dist., Div. 3), the Court of Appeal publishes an important clarification: the dependency hearsay framework (the Cindy L. prerequisites) applies in DVPA proceedings when a restraining order is sought based on alleged sexual abuse of a minor. (Opn. p. 3.) The court also reverses a once-a-month supervised visitation schedule where the trial court’s stated reason rested on an erroneous legal premise about language requirements for professional monitors. (Opn. pp. 20–21.)

Key Takeaways:
• Child hearsay can be admitted for its truth in DVPA sexual-abuse restraining order proceedings if the Cindy L. safeguards are met. (Opn. pp. 16–19.)
• “State of mind” is not a valid shortcut when the truth of the child’s allegation is what matters. (Opn. p. 9.)
• § 6306 search results cannot be used to treat non-conviction allegations as substantive proof of DVPA abuse. (Opn. p. 19.)

3 Practice Pointers (for trial counsel):
• Build: Make an express Cindy L. foundation—reliability, cross-exam availability/corroboration, and notice. (Opn. p. 17.)
• Separate: Keep § 6306 non-conviction information out of the “proof of abuse” analysis; preserve the boundary on the record. (Opn. p. 19.)
• Define: If professional monitoring is ordered, address language compliance (monitor fluency or neutral interpreter) so language assumptions don’t drive frequency. (Opn. p. 20.)

Resources:
• Slip opinion: Marriage of M.P. & M.C. (G064023) (filed 12/9/2025; certified for publication)
• Practice Pointer (PDF/Word): Marriage of M.P. & M.C. — Practice Pointer

About the host:
Ron Funk is a California family law specialist and certified appellate specialist one of only about a dozen in the state with both of those specializations. California Family Law Appellate Group focuses on appeals, writs, and “appellate-proofing” trial court litigation through an appellate lens.

Appellate-proofing consults (trial counsel):
Email: [email protected]

Disclaimer:
This video is for educational purposes only. It is not legal advice and does not create an attorney-client relationship.