Banning

In consolidated appeals Nos. C040840 and C042384 in this ongoing child custody proceeding, Michael A. Newdow (father), in propria persona, appeals from trial court orders requiring him to pay a portion of the attorney’s fees of the child’s mother, Sandra L. Banning (mother), pursuant to Family Code section 7640. Father contends section 7640 (a part of the Uniform Parentage Act) is unconstitutional on its face and as applied. We shall conclude the statute is constitutional on its face, and father has waived his “as applied” challenge by failing to present a factual analysis supported by citation to the record.

Father also seeks review of other orders, but they are nonappealable interim orders.

Pursuant to an order to show cause issued by this court, directing father to show cause why sanctions should not be imposed against him for filing in this court a confidential child custody evaluation report, we shall deny mother’s request for sanctions which is unsupported in this appeal by any citation to legal authority.

FACTUAL AND PROCEDURAL BACKGROUND

In 1994, mother and father, who never married, had a baby girl. Mother and father had no formal custody arrangement, and…