Skip to main content

Facts, Not Findings: What Practitioners Get Wrong About Stipulations Under Family Code § 3044

Stipulations can streamline custody cases, even in domestic violence matters. But as the Court of Appeal reminds us, in Section 3044 cases parties may stipulate to facts—never to findings.

Family law practitioners use stipulations to streamline custody proceedings. When both parents agree—even in domestic violence cases—the instinct is to write it up, hand it to the court and move on. That instinct is understandable. Dockets are overburdened. Litigation is expensive. A stipulation on custody seems to serve everyone.   

But In re Marriage of J.G. & K.G. (2025) 110 Cal.App.5th 1214 is the appellate courts’ latest reminder what custody stipulations can and cannot do. The issue is worth stating plainly: Parties can stipulate to facts; they cannot stipulate to findings. In a California Family Code § 3044 case, that distinction is everything.

Full article below:

Open in new window

Disclaimer:

This page is for general information purposes. JAMS makes no representations or warranties regarding its accuracy or completeness. Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

Scroll to top