What is the test for judicial discretion in marriage cases?

California, United States of America


The following excerpt is from McCullough v. McCullough (In re Mccullough), B257938 (Cal. App. 2017):

To the extent a trial court's exercise of discretion is based on the facts of the case, it will be upheld as long as its determination is within the range of the evidence presented. (In re Marriage of Ackerman (2006) 146 Cal.App.4th 191, 197.) "Conversely, a court abuses its discretion if its findings are wholly unsupported, since a consideration of the evidence 'is essential to a proper exercise of judicial discretion.' " (Ibid., quoting Johns v. City of Los Angeles (1978) 78 Cal.App.3d 983, 998.)

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