Child Custody and Visitation Flashcards
The court may enforce an order for the return of a child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a ______.
child custody determination
Fam. Code 3442
Notice of 6 month review does not _____ service. Service by mail at last known address was sufficient.
require Convention
In re Jennifer O. (2010) 184 Cal.App.4th 539
Although father was not properly served, he made a general appearance through counsel, which _____.
gave court jurisdiction
In re Vanessa Q. (2010) 187 Cal.App.4th 128
Hague abduction applies when a child _____ at the time of hearing who was wrongfully removed to or retained in a member country and the child’s habitual residence immediately before abduction was a member country, when removed from a party that had and was _______, or that would have been lawful but for removal.
under 16
exercising lawful rights of custody
Court may refuse to return child only if application was not actually exercising custody rights when child was removed or retained, or applicant _____ in the removal or retention.
consented to or subsequently acquiesced
Court erred by deferring to Greek court under comity where Greek court _____.
misapplied Hague provisions
Asvesta v. Petroutsas (2009) 580 F.3d 1000
Status as undocumented for immigration purposes ______ whether a child is settled in a country.
has no effect on
In re B. Del C.S.B. (2009) 559 F.3d 999
State department adopts consent that rights of custody are only protected if ne exeat orders are given _____. Purpose of Hague is to disallow forum shopping.
full force and effect
Abbott v. Abbott (2010) 560 U.S. 1
A repatriation agreement to change country of residence may be agreement of where children are permanently settled but it is not ______ under Hague.
dispositive
Barzilay v. Barzilay (2010) 600 F.3d 912
Stating intention to return to US, is _____. Consent to DV order with temporary custody orders does not constitute ______ of new country.
not consent or acquiescence of the other party
unequivocal acquiescence or waiver
Nicolson v. Pappalardo (2010) 605 F.3d 100
Finding that application of “unclean hands” for Hague _____.
undermines Hague Convention goals
Karpenko v. Leendertz (2010) 619 F.3d 259
The “retention date” for Hague is the date beyond which the non-custodial parent _____ to child’s continued habitation. Have _____ to file petition.
no longer consents
1 year period
Palencia v. Perez (2019) 921 F.3d 1333
An infant’s “mere physical presence” is not a dispositive indicator for ______. Domestic violence should be fully explored in adjudicating whether a child shall be returned.
determining habitual residence
Monasky v. Taglieri (2020) 140 S.Ct. 719
The 1 year provision does not preclude the left behind parent from asserting the return of the child but the passage of 1 year requires that the court determines _____.
whether the child is now settled.
Lozano v. Montoya Alvarez (2014) 134 S.Ct. 1224
Visiting NY does not make the child _____ to NY.
acclimated
Hofmann v. Sender (2013) 716 F.3d 282
Hague not appropriate where one parent had sole legal custody and did not ______ at the time of relocation.
breach any custody rights
White v. White (2013) 718 F.3d 300
Habitual residence is not the same as _____.
domicile
Guzzo v. Cristofano (2013) 719 F.3d 100
Parties agreement the child would be raised in Ireland does not equate to ______.
habitual residence of Ireland alone
Redmond v. Redmond (2013) 724 F.3d 729
An agreement for shared custody between M in Mexico and F in U.S. was sufficient basis to determine a shared intent to _____.
abandon Mexico and adopt U.S. as habitual residence
Valenzuela v. Michel (2013) 736 F.3d 1173
Traveling to a new country temporarily for relocation of job for one parent ______.
does not modify child’s habitual residence
Neergaard-Colon v. Neergaard (2014) 752 F.3d 526
Habitual residence is a fact based determination based on parents’ ______ regarding child’s residence.
shared intent or settled purpose
Larbie v. Larbie (2012) 690 F.3d 295
Letter discussing settlement was not sufficient basis to find _____.
consent to new residence
Walker v. Walker (2012) 701 F.3d 1110
Exception to return is not best interest is not the standard; the court must make specific findings of _____.
potential for harm
Nunez-Escudero v. Tice-Menley (1995) 58 F.3d 374
Normal readjustment problems do not constitute ______ order.
grave harm sufficient to preclude return
Friedrich v. Friedrich (1996) 78 F.3d 1060
Long pattern of abuse of M and Cs, coupled with finding that France would not adequately protect children from F, justified finding of _____ .
grave risk of harm exception
Blondin v. Dubois (2001) 238 F.3d 153
Testimony of children of witnessing abuse justified reversal of trial court denial of _____.
grave risk of harm exception
Simcox v. Simcox (2007) 511 F.3d 592
Court need not rely on ______ in determining whether there was grave risk of harm to children if returned to Germany based on evidence of M’s drunken and suicidal behavior.
emergency jurisdiction under UCCJEA
Marriage of Witherspoon (2007) 155 Cal.App.4th 963
Court is not required to examine all possible ______ before denying a petition for return of the child.
ameliorative measures
Golan v. Saada (2022) 142 S.Ct. 1880
Court found ______ to children based on dad’s excessive drinking and acts of domestic violence.
grave risk of physical and psychological harm
Marriage of Emilie D.L.M. & Carlos C. (2021) 64 Cal.App.5th 876
The court erred in ordering repatriation by failing to properly consider mom’s defense that she fled because of ______.
domestic violence
Khan v. Fatima (2012) 680 F.3d 781
Court found no harm and that mom failed to ______ on her ability to care for child or conduct proceedings in Sweden.
demonstrate negative effect
Norinder v. Fuentes (2011) 657 F.3d 526
Hague convention permits consideration of child’s views concerning the essential question of _____.
return or retention under the age and maturity exception
Escobar v. Flores (2010) 183 Cal.App.4th 737
Court of appeal found _____ for his or her views on return to be considered. It’s fact based.
8 is not necessarily too young
Da Silva v. Pitts (2007) 481 F.3d 1279
UCCJEA covers any proceeding in which legal custody, physical custody, or visitation is at issue including: _____
(1) dissolution,
(2) legal separation,
(3) neglect, abuse, and dependency actions,
(4) guardianship,
(5) paternity,
(6) termination of parental rights, and
(7) DVPA.
Fam. Code 3402
UCCJEA does not govern ______.
adoption proceedings
Fam. Code 3403
The parties must file a _____ declaration.
UCCJEA
Fam. Code 3429
Burden of proof is on the party _____.
asserting UCCJEA
In re Baby Boy M. (2006) 141 Cal.App.4th 588
The court retains jurisdiction during ____ of the proceeding.
the pendency
Marriage of Kreiss (2004) 122 Cal.App.4th 1082
Initial home state if: ______
- CA is the home state on the date of the commencement of the proceeding, or within 6 months before the commencement of the proceeding and the child is absent from the state but a parent or person acting as a parent continues to live in this state;
(2) another state does not have jurisdiction or declined to exercise jurisdiction on the grounds that CA appropriate forum AND
(A) significant connection or (B) substantial evidence is available in this state
(3) all courts having jurisdiction under (1) have declined to exercise jurisdiction b/c CA better forum
(4) No court of any other state would have jurisdiction
Fam. Code 3421(a)
The presence of a child in this state for the purpose of obtaining ______, is sufficient to meet initial jurisdiction.
gender-affirming health care or gender-affirming mental health care
Fam. Code 3421(d)
CA has jurisdiction when the child is absent if it is due _____.
to abduction
Marriage of Hopson (1980) 110 Cal.App.3d 884
CA has jurisdiction if one party moves to another state but the remaining party ______.
files action within 6 months
Marriage of Torres (1998) 62 Cal.App.4th 1367
For a child under 6 months, it would be where the child has _____.
lived since birth
Guardianship of Ariana K. (2004) 120 Cal.App.4th 690
It was ______ where child from birth (under 6 months) had lived in Hawaii regardless of mother’s subjective intent to return to CA after birth of child.
error for court to find that CA had JDX
Ocegueda v. Perreira (2015) 232 Cal.App.4th 1079
Significant connection is _____ such as closer ties or where the evidence lies.
balancing of connections with both jurisdictions
Plas v. Superior Court (1984) 155 Cal.App.3d 1008
Just the fact the child ______ is not the test to determine jurisdiction.
lives in the jurisdiction
Marriage of Arnold & Cully (1990) 222 Cal.App.3d 499
Where child had lived in MX, it was error for the court to find CA had JDX without the ______.
court contacting MX to determine JDX
In re Gino C. (2014) 224 Cal.App.4th 959
Frequent trips to another state with the child ____ where mother moved to the other state less than 6 months before petition.
does not divest CA of JDX
Schneer v. Llaurado (2015) 242 Cal.App.4th 1276
A party coming to CA from MX to give birth _____
does not give CA JDX. Court was required to contact MX to determine JDX after taking emergency JDX.
In re R.L. (2016) 4 Cal.App.5th 125
The court can find that CA is home state while determining ______.
there is a more convenient forum
R.B. v. D.R. (2018) 28 Cal.App.5th 108
CA may take JDX where _____ to exercise jurisdiction.
home state declines
In re E.R. (2018) 28 Cal.App.5th 74
Where mom is transient and there is no home state, CA had jurisdiction where it had ______ is present in CA.
significant connections and substantial evidence
In re Ari S. (2021) 69 Cal.App.5th 1125
Physical presence of, or PJ over, a party or child is ______ to make a custody determination.
not necessary or sufficient
Fam. Code 3421(c)
UCCJEA meets the due process requirements for notice and opportunity to be heard in a child custody matter, even if _____.
no PJ over an out of state parent
Marriage of Leonard (1981) 122 Cal.App.3d 443
The court has exclusive continuing jurisdiction until: _____
(1) neither the child, nor the child and one parent have a significant connection with the state and substantial evidence is no longer available; or
(2) child, the child’s parents, and any person acting as a parent do not presently reside in the state.
Fam. Code 3422
Visitation in CA with one parent is _____.
sufficient to retain continuing jurisdiction
Graham v. Superior Court (2005) 132 Cal.App.4th 1193
Continuing jurisdiction exists for juvenile court where initial decree was _____.
made in CA family court
In re E.W. (2019) 37 Cal.App.5th 1167
Continuing jurisdiction does not exist where parent and child move out of state and _____. Only applies to parents.
grandparents, requesting parenting time, remain in CA
A.M. v. Superior Court (2021) 63 Cal.App.5th 343
A party _____ an out of state or international order.
may register
Fam. Code 3445
The court may grant relief under the laws of CA to ____ a registered child custody determination made by a court of another state.
enforce
Fam. Code 3446
A foreign country decree is treated as if it were made by a state in the US if: ____
(1) the decree is made in substantial conformity with jurisdictional standards under UCCJEA and
(2) it does not violate fundamental principles of human rights.
Fam. Code 3405
The court shall afford _____ to the order of another state.
full faith and credit
Fam. Code 3453
The court retains jurisdiction during pendency of proceedings to make child custody orders that seem _____.
necessary or proper
Fam. Code 3022
Child custody orders are ______ where they are properly noticed, and are conclusive as to all decided issues.
binding upon parties
Fam. Code 3406
Jurisdiction issues are ____ merit issues.
entitled to priority over
Fam. Code 3407
Notice to party outside of CA is required to be in line with _____. Notice is not required for the exercise of jurisdiction with respect to a person _____ to the jurisdiction of the court.
service requirements of that state
who submits
Fam. Code 3408
Court shall not exercise JDX if at commencement of CA proceeding, _______ where procedures are in line with CA’s UCCJEA UNLESS the proceeding in the other state is ______ because CA is more convenient.
another action is pending in another state
terminated or stayed
Fam. Code 3426 & 3427
Factors to consider for inconvenient forum include: ____
(1) DV;
(2) length child has resided outside the state;
(3) distance between courts;
(4) degree of financial hardships;
(5) agreement of parties to assume JDX;
(6) nature and location of evidence;
(7) ability of courts to resolve expeditiously; and
(8) familiarity of the court of each state with the facts and issues.
Fam. Code 3427(b)
India did not have jurisdiction because it was not in substantial _____, 9 days in India did not confer the home state, and mother and child had connection to CA at the time of filing.
conformity of UCCJEA
Marriage of Sareen (2007) 153 Cal.App.4th 371
Where aunt had a guardianship case and the child ran away to CA, CA did not have jurisdiction because of the guardianship action absent _____.
evidence of abuse
In re Nelson B. (2013) 215 Cal.App.4th 1121
Father’s long stay in Pakistan did not divest CA of JDX because he was there to fight Mother’s case there and attempt _____. There was no evidence he had “moved” to Pakistan.
to return the child to CA
Marriage of Nurie (2009) 176 Cal.App.4th 478
Emergency jurisdiction (such as DV) only lasts _____ and until the original state can act.
as long as the emergency
Marriage of Fernandez‐Abin (2011) 191 Cal.App.4th 1015
UCCJEA takes a strict first in time approach to jurisdiction, and the court erred in finding Belarus had jurisdiction where record establishes father did not _____.
have actual notice of the proceeding in Belarus
W.M. v. V.A. (2018) 30 Cal.App.5th 64
It was _______ even though Mexico was home state where CA attempted 2 emails and several calls to Mexico family court with no success and found this was tantamount to Mexico’s declination to exercise jurisdiction, and substantial evidence children had significant connections to CA.
proper for CA to take jurisdiction
In re A.C. (2017) 13 Cal.App.5th 661
Court _____ at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court’s own motion, or request of another court.
may decline to exercise its jurisdiction
Fam. Code 3427
Court must allow parties to introduce evidence regarding: (1) If DV and which state could best _____, (2) The length of time the child has resided outside this state, (3) The distance between the court in this state and the court in the state that would assume jurisdiction, (4) The degree of financial hardship to the parties in litigating in one forum over the other, (5) Any agreement of the parties as to which state should assume jurisdiction, (6) The nature and location of the ______, (7) The ability of the court to issue expeditiously and the procedures necessary to present the evidence, (8) The _______ of each state with the facts and issues in the pending litigation.
protect the parties and the child
evidence, including testimony of the child
familiarity of the court
Fam. Code 3427(b)
Court erred by ruling on inconvenient forum without providing parties opportunity to _____.
present evidence on the issue
Brewer v. Carter (2013) 218 Cal.App.4th 1312
Court may not modify custody made by a court of another state unless CA _____ or (1) The court of the other state determines it no longer has continuing jurisdiction OR (b) parties and child ____.
has jurisdiction to make an initial determination under 3421
no longer live in that state
Fam. Code 3423
Both parties left initial state of TX. Where TX declined jurisdiction of continuing jurisdiction, and father’s state neither accepted nor declined, it was proper for CA to award _____.
emergency orders and retain jurisdiction pending further notice
Keisha W. v. Marvin M. (2014) 229 Cal.App.4th 581
Registration of a decree does not ______.
confer modification jurisdiction
Marriage of Kent (2019) 35 Cal.App.5th 487
The court may issue orders concerning a child if there is an emergency such that orders are ______. If emergency orders are made when no prior court another court has home state jurisdiction, the emergency orders stay in effect until a case is filed in that home state jurisdiction. In that instance, the court shall specify the duration of its order and time allotted for party to seek order from the other court.
necessary to protect the child from imminent harm
Fam. Code 3424
Child traveled to CA from Mexico to receive necessary medical care. Juvenile court issued proceedings to keep child in CA for medical treatment. Court found that intensive medical care ______.
was not sufficient basis for emergency jurisdiction
In re A.C. (2005) 130 Cal.App.4th 854
Where Nevada declined to find facility for abandoned children, it was proper for CA to _____.
take emergency jurisdiction to protect the children
In re Angel L. (2008) 159 Cal.App.4th 1127
Where court found child was tortured and subject to extreme physical abuse, CA properly exercised emergency jurisdiction to protect the child AND home state ceded jurisdiction. CA’s failure to communicate with home state court was found to be _____.
harmless error
In re Cristian I. (2014) 224 Cal.App.4th 1088
Where child is detained when mother is arrested for smuggling heroin into the U.S., court _____ however, direction from appeal to limit jurisdiction to determine if Mexico wished to assume jurisdiction.
properly issued emergency jurisdiction
In re A.M. (2014) 224 Cal.App.4th 593
Not _______ and to deny registration of Chinese order where it was not final due to a stay pending Husband’s appeal of it.
error for court to issue emergency jurisdiction
Marriage of Wang & Zhou (2021) 62 Cal.App.5th 1098
A superior court has jurisdiction regarding the custody and care of children within the meaning of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101 et seq. and 8 C.F.R. Sec. 204.11), which includes, but is not limited to, the juvenile, probate, and family court divisions of the superior court. These courts have ____ the United States Citizenship and Immigration Services for classification as a special immigrant juvenile pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code.
jurisdiction to make the factual findings necessary to enable a child to petition
CCP 155(a)(1)
SIJ creates pathway for citizenship if ______.
substantial evidence supports finding
O.C. v. Superior Court (2019) 44 Cal.App.5th 76
SIJ law extends to children up to ___.
21
Guardianship of Saul H (2022) 13 Cal.5th 827
Indian Child Welfare Act (ICWA) supersedes _____.
UCCJEA
25 USC 1901 et. seq.
CA public policy protects tribal relations and cultural social relations for qualified children, even if not ____.
in custody of Indian parent
Fam. Code 175
ICWA requires tribal notice where custody may be ____. This includes required notice to the Bureau of Indian Affairs.
awarded to a non-parent
Fam. Code 180
Affirmative duty upon court and investigators to ____.
inquire about ICWA
CRC Rule 5.481(a)
Court investigators and social workers are ____.
sufficient effort
In re E.H. (2006) 141 Cal.App.4th 1330
Notice must be given to ____ in which the child may be a member.
all tribes
In re J.T. (2007) 154 Cal.App.4th 986
There must be evidence that _____ for ICWA notice.
child qualifies
In re Shane G. (2008) 166 Cal.App.4th 1532
Lack of response by tribe constitutes ______.
implied acknowledgment that child does not qualify under ICWA
In re Jasmine G (2005) 127 Cal.App.4th 1109
Transfer to tribal court _____.
deprives CA court of jurisdiction
In re M.M. (2007) 154 Cal.App.4th 897
When parent excluded as father, notice to tribes provided by that party is ______.
unnecessary because not biologically related
In re E.G. (2009) 170 Cal.App.4th 1530
It was _____ provide specifics about father’s Indian heritage.
error for court not to
D.B. v. Superior Court (2009) 171 Cal.App.4th 197
Once an Indian custodian status is revoked, ICWA _____.
no longer applies to that custodian
In re G.L. (2009) 177 Cal.App.4th 683
ICWA notice is moot even if child has Indian heritage if ______
no longer a child.
In re Melissa R. (2009) 177 Cal.app.4th 24
Court erred by not hearing evidence from qualified expert on detriment to child to be in the care of a non-Indian parent by _____.
clear and convincing evidence
Erika K. v. Brett D. (2008) 161 Cal.App.4th 1259
It was _____ the court did not make additional efforts when the children were belatedly determined to be Indian.
not error that
In re K.B. (2009) 173 Cal.App.4th 1275
Determination of tribal descent is for the _____.
tribe to decide, not the CA court
In re B.R. (2009) 176 Cal.App.4th 773
Vague references to possible ancestry without info about what tribe or whether there are any living relatives is ______.
not sufficient to invoke ICWA
In re J.D. (2010) 189 Cal.App.4th 118
Tribe cannot expand the reach of the federal statute by a _____.
tribal provision that extends citizenship
Nielsen v. Ketchum (2011) 640 F.3d 1117
A party who fails to raise the issue of the alternative of Tribal Adoption (TCA) results ____.
in harmless error
In re I.P. (2014) 226 Cal.App.4th 1516
_____ where dad was ordered to file a ICWA form but failed to do so.
No prejudice
In re A.C. (2021) 65 Cal.App.5th 1060
Failure to discharge the court’s initial inquiry duty is harmless unless the record contains information suggesting _____.
a reason to believe the children qualify under ICWA
In re Dezi C. (2022) 79 Cal.App.5th 769
The court _____ custody rights of an adult disabled child.
lacks jurisdiction to enforce
Marriage of Jensen (2003) 114 Cal.app.4th 587
The court has the jurisdiction to order a party and the child to _____.
appear in court
Fam. Code 3430(a)
The court may issue a notice under 3408 directing a party or child to appear without _____.
warning that failure to appear may result in adverse ruling
Fam. Code 3430(b)
The court, in order appearances, shall consider the _____.
safety of the child
Fam. Code 3430(c)
The order for appearance may include a provision for _____.
fees and costs of transportation
Fam. Code 3430(d)
The CA court may utilize any remedy available under CA law to enforce the child custody determination of another state. Remedies are _____, and do not limit the remedies to enforce a child custody determination.
cumulative, not exclusive
Fam. Code 3443(b)
CA court may grant any relief under law of CA to enforce _____.
registered order of another state
Fam. Code 3446
Petition for enforcement must: (1) be ____ by attached petition, (2) certified copies must be attached with case number and nature of proceeding, (3) identify _____ for issuance of order, state (4) whether order was previously vacated, stayed, or modified, state (5) known locations of Resp. and child, nature and relief sought in addition to immediate physical custody and fees, whether law enforcement is sought, the date and place of registration.
verified
jurisdictional basis
Fam. Code 3448
Notice given by clerk of court shall state: (1) the registered order is enforceable in CA in same manner as in other state, (2) within ____ of service of notice must request hearing on registration, and (3) failure to contest registration results in ____.
20 days
confirmation of order
Fam. Code 3445(c)
Except as otherwise provided in Section 3451, the petition and order shall be served, by any method authorized by the law of this state, upon the respondent and any person who has ______.
physical custody of the child
Fam. Code 3449
Upon proper notice of hearing, if the responding party does not contest, it ____ with respect to any matter that could have been asserted at the time of registration.
precludes further contest of the order
Fam. Code 3445(f)
Unless the court issues emergency orders, upon a finding that petitioner is entitled to immediate physical custody, the court shall order it unless respondent establishes either of the following: (1) Order _____ and confirmed and (a) issuing court did not have JDX, (b) order vacated, stayed, or modified, or (c) notice ____ OR (2) order was registered and confirmed but has been vacated, stayed, or modified.
has not been registered
was not given
Fam. Code 3450
Petitioner may file a verified application for the issuance of a warrant to _____ of the child if the child is imminently likely to suffer serious physical harm or be removed from this state.
take physical custody
Fam. Code 3451
Warrant to take custody must: (1) recite factual basis for conclusion of _____, (2) direct law enforcement to take physical custody, and (3) _____ of child pending final relief.
physical harm or risk of removal
provide for placement
Fam. Code 3451(c)
The child of spouses who cohabited at the time of conception and birth is _____.
conclusively presumed to be a child of the marriage
Fam. Code 7540
An action to challenge the parentage of the spouse who is a presumed parent under Section 7540 shall be filed and served not later than _____ from the child’s date of birth and may only be filed by either spouse or a presumed parent under 7611.
two years
Fam. Code 7541
Presumed parent if: (1) married to natural mother and child born during marriage or _____ after marriage; (2) before birth, attempts to marry natural mother but declared invalid and child is born during attempted marriage for 300 days after invalidity or 300 days after termination of cohabitation; (3) after birth attempt to marry but declared invalid and name on ______; or (4) receives child into home and holds _____.
within 300 days
birth certificate or support orders in place
out as natural child
Fam. Code 7611
When custody/visitation is at issue, the court must set ______.
the matter for mediation
Fam. Code 3170
The court shall consider the following to determine best interest of the child: (1) ______ of the child; (2) history of abuse by one parent or any other person seeking custody against a blood-related or caretaking relationship child, the other parent, spouse, cohabitant, or dating or engagement relationship; (3) _____ with both parents; (4) habitual or continual use of illegal substances, alcohol, or prescribed controlled substances of either part (may first require independent corroboration).
health, safety, and welfare
nature and amount of contact
Fam. Code 3011(a)
The court ______ the sex, gender identity, gender expression, or sexual orientation of a parent or legal guardian in determining best interest.
shall not consider
Fam. Code 3011(b)
Perpetration of abuse in a home where a child resides is ______
detrimental to health, safety, and welfare of the child. Health, safety, and welfare is primary concern for best interest.
Fam. Code 3020(a)
Public policy to ensure children have frequent and _____, and to encourage parents share in rights and responsibilities except when contact would _____.
continuing contact with both parents
not be in the best interest
Fam. Code 3020(b)
Court orders ______ shall be in a manner that ensures the health, safety, and welfare of the child and safety of all family members.
regarding physical or legal custody
Fam. Code 3020(c)
There is a presumption that joint custody is in the best interest of the children when _____.
the parents have agreed to joint custody
Fam. Code 3080
Upon request of any party, when granting or denying joint custody, court shall _____.
state in its decision the reasons for granting or denying. A statement that it is in the best interest is not alone sufficient.
Fam. Code 3082
Immigration status is ______ in making an award of custody.
not a proper consideration
Fam. Code 3040(b)
Felony record with no nexus to children ______.
alone is not a factor for best interest
In re James M. (1976) 65 Cal.App.3d 254
Religious beliefs ______.
alone are not a basis to deny custody
Marriage of Urband (1976) 68 Cal.App.3d 796
The court cannot enjoin ____.
religious discussions
Marriage of Murga (1980) 103 Cal.App.3d 498
The court cannot enjoin religious observance absent _____.
a showing of risk of harm to the child
Marriage of Mentry (1983) 142 Cal.App.3d 260
Cannot restrict parents from engaging a child in _____.
different religious activities
Marriage of Weiss (1996) 42 Cal.App.4th 106
Physical handicap alone is _____.
not a sufficient basis for denial of custody
Marriage of Carney (1979) 24 Cal.3d 725
The absence or relocation from the family residence shall not be considered as a factor determining custody if: (1) of short duration and the party demonstrates _____, and no behavior demonstrates intent to abandon child; or (2) absence or relocation due to acts of _____
interest in maintaining custody/visitation
actual or threatened domestic violence
Fam. Code 3046(a)
The court may consider attempts by one party to interfere ______ with the child in determining if section (a) is met.
with the other party’s regular contact
Fam. Code 3046(b)
Does not apply if a party is excluded because of RO or _____.
abandons the child
Fam. Code 3046(c)
Both parents have the right to access _____ even if they are not the custodial parent.
medical, dental, or school records
Fam. Code 3025
Family reunification services _____ as part of a child custody or visitation rights proceeding.
shall not be ordered
Fam. Code 3026
Juvenile court has _____ over family court.
priority jurisdiction
W&I 304
Father found in contempt of court for filing proceedings in family court to try to ______.
defeat the juvenile court’s jurisdiction
In re William T. (1985) 172 Cal.App.3d 790
A pending family law action does not preclude the _____ on the same allegations.
juvenile court action
In re Travis C. (1991) 233 Cal.App.3d 492
Attempting to use the juvenile court as misuse to overcome family law orders may result in justification to ____.
reverse the juvenile court orders
In re Brendan P. (1986) 184 CAl.App.3d 910
Juvenile judgments (exit orders) require showing of _____ and best interest to modify, even if stipulated to.
change in circumstances
W&I 362.4
Agreements that attempt to divest the Family Court jurisdiction over custody _____.
are void
Marriage of Goodarzirad (1986) 185 Cal.App.3d 1020
Joint custody means _____.
joint physical custody and joint legal custody
Fam. Code 3002
Parents are equally entitled to custody of the child unless _____.
one parent is dead,
refuses to take custody, or
has abandoned the child
Fam. Code 3010
Joint legal custody means that both parents shall share the right and the responsibility to make the decision relation to the ____.
health, education, and welfare of a child
Fam. Code 3003
Sole legal custody means that one parent shall have the right and the responsibility to make the decisions relating to the health, education, and welfare of the child.
Fam. Code 3006
When ordering joint legal custody, the court must specify in its order what circumstances require the _____ and the consequences of not complying. An order of joint legal custody cannot be used to _____ order unless expressly authorized by the court.
consent of both parents
abrogate the physical custody
Fam. Code 3083
Joint physical custody means that each parent shall have ______, to be shared in such a way as to ensure frequent and continuing contact with both parents.
significant periods of physical custody
Fam. Code 3004
Sole physical custody means that a child shall reside with and be under the ____, subject to visitation orders.
supervision of one parent
Fam. Code 3007
In ordering joint physical custody, the court shall specify the rights of each parent to physical control of the child in _____.
sufficient detail to permit enforcement
Fam. Code 3084
The court is not required to order joint physical even if ____.
it orders joint legal
Fam. Code 3085
The court may specify one parent as the primary caretaker of the child and one home as the primary home for purposes of ______.
determining eligibility for public assistance
Fam. Code 3086
The court has the authority to take any reasonable temporary steps necessary to protect a child pending an investigation of ____.
child abuse or child sexual abuse
Fam. Code 3027(a)
The court may order a child welfare agency investigation, and upon completion, the agency shall _____.
report to the court
Fam. Code 3027(b)
The court may set an RFO for sanctions against a parent who knowingly makes _______.
false abuse allegations to compensate the accused parent
Fam. Code 3027.1
A party looking to recover under 3027.1 must file within _____ from the date the superior court clerk mailed, or a party served, the notice of entry of judgment exonerating him from allegations of child abuse or neglect against his daughter. Recovery may be for “all expenses” and is not limited to attorney’s fees and costs, but all actual expenses incurred as a _____.
60 days
direct result of defending the action
Robert J. v. Catherine D. (Robert J. II) (2009) 171 Cal.App.4th 1500
There is no requirement of a finding of a false allegation prior to seeking sanctions. The statute requires the false statement be made during the child custody proceeding; the statute does not require the falsity ______.
be established during the child custody proceeding
Marriage of Dupre (2005) 127 Cal.App.4th 1517
The court may limit custody/visitation for the accusing parent if the court finds the allegations are knowingly false with ______ and determines the limitations are necessary to protect the health, safety, and welfare of the child including the policy to ensure frequent and continuing contact.
substantial evidence of intent to interfere with the other parent’s lawful contact
Fam. Code 3027.5
The court may take jurisdiction over all children in a household based upon the abuse of one child if the circumstances show _____.
there is risk to the health, safety and welfare
In re I.J. (2013) 56 Cal.4th 766
An inference of credibility regarding the allegations shall not be drawn from the _____. The agency is not required to investigate just by the mere referral to the agency. In investigating, the social worker shall interview any child ____ to determine the child’s view of he home environment.
mere existence of a child custody and visitation dispute
four years of age or older
WI &C 328
Child welfare files and records are accessible if there is a family law or guardianship proceeding pending including inspection of records and copies for use in proceeding for: ______. If the records are privileged, the social worker may testify in family court but only regarding the non-privileged information. Files received by the court shall be maintained as confidential.
(1) judge;
(2) parent or guardian;
(3) attorney for party;
(4) mediator;
(5) family law mediator;
(6) court appointed investigator; or
(7) minor’s counsel.
WI &C 827.10
Presumption that unsupervised visitation with a registered sex offenders where the victim is a child puts a _____. The burden shifts to the offender to prove there is no _____ to the child and the court states its reasons on the record.
child at significant risk
significant risk
Fam. Code 3030(a)(1)
Same rules apply if a ______ is registered as a sex offender where the victim was a child.
member of a parent’s household
Fam. Code 3030(a)(2)
The court may modify custody/visitation orders when someone becomes registered as a sex offender when the victim was a child or when someone in the same household has, even if ______. This may be done ex parte if there is risk of harm to the child.
the party had unsupervised visitation previously
Fam. Code 3030.5
No person shall be granted custody or visitation if the person has been convicted of rape and ______.
the child was conceived as a result
Fam. Code 3030(b)
No person shall be granted custody or unsupervised visitation if they _____ unless the court finds that there is no risk to the child’s health, safety, and welfare, and states the reasons for its finding in writing or on the record.
murdered the other parent
Fam. Code 3030(c)
Court may, on ex parte basis, set a hearing within 20 days, and issue an order to show cause of the other party. If a party is evading service or ______, the hearing may be reset and ex parte extended up to 90 days.
concealing the whereabouts of a child
Fam. Code 3062
The court may enter an order granting temporary custody in accordance with an agreement of the parties by the parties _____.
attaching the agreement to the petition or action
Fam. Code 3061
The court erred by splitting up brothers based on assumption that ______.
autism of one child would harm the other
Marriage of Heath (2004) 122 Cal.App.4th 444
The court may separate siblings if necessary where one child is poisoned against a parent as the only means of ______.
preventing alienation of the other child
Marriage of Steiner & Hosseini (2004) 117 Cal.App.4th 519
Improper for court to separate siblings because one child is on the autism spectrum. There must be a ______ warranting separation of siblings.
compelling set of circumstances
Marriage of Williams (2001) 88 Cal.App.4th 808
Children ____ may give “input” on custody and visitation unless the court determines that giving input is not in the best interest of the child under circumstances of the case. The court must state its reasons on the record if a child preference is not received. If the court precludes testimony, they must ______. Nothing in this code prevents a child ____ giving preference if the court finds they are of maturity to do so.
age 14 or older
provide an alternate means of obtaining the input
under 14
Fam. Code 3042
It is not mandatory to follow the ______.
child’s wishes
Marriage of Mehlmauer (1976) 60 Cal.App.3d 104
Greater weight is given to wishes of a child in modification proceedings especially when _____.
it involves a move away
Marriage of Rosson (1986) 178 Cal.App.3d 1094
Preference of a child may be considered in an OSC hearing where a difficult teenager _____.
refuses to visit with the other parent
Coursey v. Superior Court (1987) 194 Cal.App.3d 147
When a child wishes to participate in a proceeding involving custody, the court should find a balance between protecting the child, the duty to consider the wishes of the child, and the _____ while also ensuring the due process rights of the parties. The court shall not allow the participation to be in the _____ unless in the child’s best interest, and must provide an alternative.
probative value of the child’s input
presence of the parties
CRC Rule 5.250(b)
In determining whether in the best interest for the child to participate, the court should consider: _____
(1) sufficient age and maturity;
(2) capacity to understand;
(3) evidence presented indicating the child may be at risk emotionally if permitted or denied opportunity;
(4) whether subject areas about which child will address are relevant; and
(5) whether any other factors exist.
CRC Rule 5.250(d)
Alternatives to child direct input include: _____. The court must require the information or evidence obtained by professional or nonparty in writing and remain confidential.
(1) child participation in mediation;
(2) child custody evaluation;
(3) admissible evidence by parties or witnesses;
(4) information provided by CCRC; or
(5) information provided from child interview center or professional to avoid unnecessary multiple interviews
CRC Rule 5.250(e)
Evaluator, CCRC, or investigator must: ____.
(1) provide age-appropriate information to the child;
(2) allow but not require the child to state a preference and provide process of court making decision; and
(3) provide parents about local court procedures related
CRC Rule 5.25(f)
Court should provide information regarding the process that may include the following methods: (1) Professionals meet jointly and separately with parents; (2) providing an ____ about the process; (3) providing information to parents before and after child participates so they can _____; (4) include information in child custody mediation orientation; (5) provide a children’s waiting room; and (6) provide an interpreter for the child, if needed.
orientation for the child
consider effect on the child
CRC Rule 5.25(g)
Education and training for court staff should include ____.
information on the processes,
methods and procedures for direct testimony and/or
input from children
CRC Rule 5.25(h)
A proceeding for abandonment may occur where: (1) both parents abandon without ____; (2) left by both parents in the care of another for ____ without any support or communication with intent to abandon; or (3) one parent left the child in the care of the other parent for ___ without any support or communication, with the intent to abandon.
provision of child’s identification
6 months
1 year
Fam. Code 7822
The court may order any person who is seeking custody or visitation of a child, to undergo testing for the ______ and the use of alcohol if there is a judicial determination based on a preponderance of the evidence that there is the _____ of controlled substances or continual abuse of alcohol. This evidence may include a conviction within ____ for the illegal use or possession of a controlled substance. The court must order the least intrusive method for testing. A positive result, by itself, shall not constitute grounds for _____. The results shall be confidential. The court may impose up to $2,500 in sanctions for improper disclosure.
illegal use of controlled substances
habitual, frequent, or continual illegal use
the last five years
an adverse custody decision
Fam. Code 3041.5
Even upon a showing of change in circumstances, the court must still consider the events prior to the issuance of a juvenile exit order in determining the best interest of the child including that of substance abuse. However, the family court, in modifying juvenile exit orders, is limited to FC rules and cannot ______ in making orders.
use the law of the juvenile dependency court
Heidi S. v. David H. (2016) 1 Cal.App.5th 1150
Father’s limited use of marijuana 3 times per week for arthritis per Rx as a legal use was _____.
not sufficient for a W&I C 300 petition as a substance abuser
In re Drake M. (2012) 211 Cal.App.4th 754
A change in circumstances is required to modify a final custody order because of the importance of maintaining ______.
stability and continuity for the child
Burchard v. Garay (1986) 42 Cal.3d 531
Modification of a parenting schedule does not require a showing of _____.
change in circumstances as is required for legal and physical custody
Marriage of Birnbaum (1989) 211 Cal.App.3d 1508
The court cannot ignore the requirement for a change in circumstances to modify custody, despite considerable evidence of the _____.
parents’ inability to cooperate
Marriage of McLoren (1988) 202 Cal.App.3d 108
A stipulated judgment or order may be modified without a showing of a substantial change of circumstances so long as the change _____. Parents may opt out of this limitation by including unequivocal language requiring a showing of a change of circumstances.
advances the best interest of the child
Montenegro v. Diaz (2001) 26 Cal.4th 249
If appropriate, the court may require ____ notice to the other parent if the parent plans to change residence of the child for more than 30 days.
45 days’
Fam. Code 3024
A parent with physical custody has a presumptive right to relocate the child absent evidence that the relocation is for the purpose of _____.
interfering with the other parent’s relationship with the child
Marriage of Burgess (1996) 13 Cal.4th 25
It is the intent of the Legislature to affirm Burgess.
Fam. Code 7501
A parent with 28% timeshare was ____ for purposes of Burgess.
not a joint custodian
Marriage of Whealon (1997) 53 Cal.App.4th 132
A parent’s relocation of a child for the purpose of interfering with the other parent’s relationship with the child is _____.
grounds for denying a relocation of the child
Marriage of Ciganovich (1976) 61 Cal.App.3d 289
In measuring relative detriment to the child if a relocation is permitted, the court shall consider: (1) Child’s interest in the ____ of the custody arrangement; (2) The primary parent’s proven ability to care for the child; (3) Significant change of circumstances indicating a change of custody is in the best interest of the child; (4) Distance of the move; (5) Financial impact on the parents; (6) Age of the children; (7) Child’s relationship with parents; (8) Wishes of the child; (9) Parental relationship; (10) Reason for the move including ____; (11) Extent to which parents are _____; (12) Nonpayment of support by the stay behind parent; (13) Impact on ____ if relocation is permitted or denied; (13) Availability of special education and medical care facilities (f necessary); and (14) Level of parental ____ and past conduct as an indicator of the best future arrangement.
stability and continuity
good faith
currently sharing custody
mental stability of parents
animosity
Marriage of La Mugsa (2004) 32 Cal.4th 1072
The court may appoint minor’s counsel if determined _____. Representation shall continue until relieved by the court or upon substitution of other counsel by the court or for cause.
to be in the best interest of the child
Fam. Code 3150:
Minor’s counsel is charged with representation of the child’s best interest, and is tasked to gather evidence that bears on the best interests of the child through admissible evidence. If the child desires, counsel shall ____.
present the child’s wishes to the court
Fam. Code 3151(a)
Minors counsel cannot be called as a witness and has the following rights: (1) reasonable ____; (2) standing to seek affirmative relief; (3) notice of any proceeding affecting the child; (4) right to take any action including ___; (5) access to child’s medical, dental, mental health, and other health records, school records, right to interview school personnel, caretakers, healthcare providers, etc.; (6) reasonable notice of, and ability to refuse, any physical or psychological evaluation _____; (7) the right to assert privilege on child’s behalf; and (8) right to seek independent psychological and physical evaluation upon approval of court.
access to child
filing RFO
not ordered by the court
Fam. Code 3151(b) and (c)
The court should take into account in determining whether to appoint minor’s counsel whether (1) the issue of child custody is ____, (2) minor’s counsel would be likely to provide the court with relevant information not otherwise readily available, (3) knowledgeable counsel is available for appointment, and (4) the best interest of the child ____
highly contested or protracted
appears to require independent representation. See also Marriage of Metzger.
CRC Rule 5.240
Outlines compensation of minor’s counsel including: (1) the court must set compensation at ____, (2) at the time the court determines the parties’ ability to pay, or (3) within a reasonable time after appointment. The court must consider the _____ all or a portion of the compensation. The court may also pay for counsel and seek reimbursement from the parties.
the time of appointment
financial ability of the parties to pay
CRC Rule 5.241
Outlines qualifications, rights and responsibilities of minor’s counsel.
CRC Rule 5.242
3150 is constitutional and does not require a finding of _____ for appointment of minor’s counsel.
parental unfitness
Marriage of Metzger (2014) 224 Cal.App.4th 1441
The court has no jurisdiction to appoint a guardian ad litem for a child in a dissolution because the _____.
child is not a party to the action
Marriage of Lloyd (1997) 55 Cal.App.4th 216
The court may order an evaluation for the purpose of assisting the court in making a determination whether _____ is appropriate.
joint custody
Fam. Code 3081
A licensed professional clinical counselor may be a _____ only after completing the proper training under CRC 5.220, 5.225, and 5.230.
child custody evaluator
Fam. Code 3110.5
Custody evaluations shall be made confidential may not be disclosed except to: _____
(1) party or party’s attorney;
(2) law enforcement officer, the licensing entity of the evaluator, judicial officer, court employee, or family court facilitator of the superior court of the county in which the action was filed;
(3) minor’s counsel; or
(4) any other person upon order of the court for good cause.
Fam. Code 3025.5
Court ruled that a biased and procedurally non‐compliant expert recommendation and testimony only _____
affects “the weight of the report, not its admissibility”
Marriage of Winternitz (2015) 235 Cal.App.4th 644
The family court cannot terminate parental rights without proper safeguards including an investigation, minor’s counsel, etc. to _____.
determine the long-term welfare of the children
Marriage of Jackson (2006) 136 Cal.App.4th 980
Without filing a petition for dissolution or legal separation, a spouse may bring an action for the exclusive custody of the children of the marriage. The court may, during the pendency of the action, or at the final hearing, or afterwards, make such order regarding support, care, custody, education, and control of the children of the marriage in accordance _____.
with the natural rights of the parents and the best interest of the children (Fam. Code 3011)
Fam. Code 3120
A motion by a party for reconsideration of an existing custody order shall be granted if the motion is based on the fact the other parent was _____.
convicted of a crime in connection with falsely accusing the moving parent of child abuse
Fam. Code 3022.5
If custody is the sole issue, the case shall be given _____. If more than one issue and one is custody, the court shall order a separate trial for custody and take preference over other civil cases.
preference over other civil cases
Fam. Code 3023
