Child Custody and Visitation

Question 1

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 ______.

Answer 1

child custody determination

Fam. Code 3442

Question 2

Notice of 6 month review does not _____ service. Service by mail at last known address was sufficient.

Answer 2

require Convention

In re Jennifer O. (2010) 184 Cal.App.4th 539

Question 3

Although father was not properly served, he made a general appearance through counsel, which _____.

Answer 3

gave court jurisdiction

In re Vanessa Q. (2010) 187 Cal.App.4th 128

Question 4

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.

Answer 4

under 16

exercising lawful rights of custody

Question 5

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.

Answer 5

consented to or subsequently acquiesced

Question 6

Court erred by deferring to Greek court under comity where Greek court _____.

Answer 6

misapplied Hague provisions

Asvesta v. Petroutsas (2009) 580 F.3d 1000

Question 7

Status as undocumented for immigration purposes ______ whether a child is settled in a country.

Answer 7

has no effect on

In re B. Del C.S.B. (2009) 559 F.3d 999

Question 8

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.

Answer 8

full force and effect

Abbott v. Abbott (2010) 560 U.S. 1

Question 9

A repatriation agreement to change country of residence may be agreement of where children are permanently settled but it is not ______ under Hague.

Answer 9

dispositive

Barzilay v. Barzilay (2010) 600 F.3d 912

Question 10

Stating intention to return to US, is _____. Consent to DV order with temporary custody orders does not constitute ______ of new country.

Answer 10

not consent or acquiescence of the other party

unequivocal acquiescence or waiver

Nicolson v. Pappalardo (2010) 605 F.3d 100

Question 11

Finding that application of “unclean hands” for Hague _____.

Answer 11

undermines Hague Convention goals

Karpenko v. Leendertz (2010) 619 F.3d 259

Question 12

The “retention date” for Hague is the date beyond which the non-custodial parent _____ to child’s continued habitation. Have _____ to file petition.

Answer 12

no longer consents

1 year period

Palencia v. Perez (2019) 921 F.3d 1333

Question 13

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.

Answer 13

determining habitual residence

Monasky v. Taglieri (2020) 140 S.Ct. 719

Question 14

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 _____.

Answer 14

whether the child is now settled.

Lozano v. Montoya Alvarez (2014) 134 S.Ct. 1224

Question 15

Visiting NY does not make the child _____ to NY.

Answer 15

acclimated

Hofmann v. Sender (2013) 716 F.3d 282

Question 16

Hague not appropriate where one parent had sole legal custody and did not ______ at the time of relocation.

Answer 16

breach any custody rights

White v. White (2013) 718 F.3d 300

Question 17

Habitual residence is not the same as _____.

Answer 17

domicile

Guzzo v. Cristofano (2013) 719 F.3d 100

Question 18

Parties agreement the child would be raised in Ireland does not equate to ______.

Answer 18

habitual residence of Ireland alone

Redmond v. Redmond (2013) 724 F.3d 729

Question 19

An agreement for shared custody between M in Mexico and F in U.S. was sufficient basis to determine a shared intent to _____.

Answer 19

abandon Mexico and adopt U.S. as habitual residence

Valenzuela v. Michel (2013) 736 F.3d 1173

Question 20

Traveling to a new country temporarily for relocation of job for one parent ______.

Answer 20

does not modify child’s habitual residence

Neergaard-Colon v. Neergaard (2014) 752 F.3d 526

Question 21

Habitual residence is a fact based determination based on parents’ ______ regarding child’s residence.

Answer 21

shared intent or settled purpose

Larbie v. Larbie (2012) 690 F.3d 295

Question 22

Letter discussing settlement was not sufficient basis to find _____.

Answer 22

consent to new residence

Walker v. Walker (2012) 701 F.3d 1110

Question 23

Exception to return is not best interest is not the standard; the court must make specific findings of _____.

Answer 23

potential for harm

Nunez-Escudero v. Tice-Menley (1995) 58 F.3d 374

Question 24

Normal readjustment problems do not constitute ______ order.

Answer 24

grave harm sufficient to preclude return

Friedrich v. Friedrich (1996) 78 F.3d 1060

Question 25

Long pattern of abuse of M and Cs, coupled with finding that France would not adequately protect children from F, justified finding of _____ .

Answer 25

grave risk of harm exception

Blondin v. Dubois (2001) 238 F.3d 153

Question 26

Testimony of children of witnessing abuse justified reversal of trial court denial of _____.

Answer 26

grave risk of harm exception

Simcox v. Simcox (2007) 511 F.3d 592

Question 27

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.

Answer 27

emergency jurisdiction under UCCJEA

Marriage of Witherspoon (2007) 155 Cal.App.4th 963

Question 28

Court is not required to examine all possible ______ before denying a petition for return of the child.

Answer 28

ameliorative measures

Golan v. Saada (2022) 142 S.Ct. 1880

Question 29

Court found ______ to children based on dad’s excessive drinking and acts of domestic violence.

Answer 29

grave risk of physical and psychological harm

Marriage of Emilie D.L.M. & Carlos C. (2021) 64 Cal.App.5th 876

Question 30

The court erred in ordering repatriation by failing to properly consider mom’s defense that she fled because of ______.

Answer 30

domestic violence

Khan v. Fatima (2012) 680 F.3d 781

Question 31

Court found no harm and that mom failed to ______ on her ability to care for child or conduct proceedings in Sweden.

Answer 31

demonstrate negative effect

Norinder v. Fuentes (2011) 657 F.3d 526

Question 32

Hague convention permits consideration of child’s views concerning the essential question of _____.

Answer 32

return or retention under the age and maturity exception

Escobar v. Flores (2010) 183 Cal.App.4th 737

Question 33

Court of appeal found _____ for his or her views on return to be considered. It’s fact based.

Answer 33

8 is not necessarily too young

Da Silva v. Pitts (2007) 481 F.3d 1279

Question 34

UCCJEA covers any proceeding in which legal custody, physical custody, or visitation is at issue including: _____

Answer 34

(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

Question 35

UCCJEA does not govern ______.

Answer 35

adoption proceedings

Fam. Code 3403

Question 36

The parties must file a _____ declaration.

Answer 36

UCCJEA

Fam. Code 3429

Question 37

Burden of proof is on the party _____.

Answer 37

asserting UCCJEA

In re Baby Boy M. (2006) 141 Cal.App.4th 588

Question 38

The court retains jurisdiction during ____ of the proceeding.

Answer 38

the pendency

Marriage of Kreiss (2004) 122 Cal.App.4th 1082

Question 39

Initial home state if: ______

Answer 39

1. 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)

Question 40

The presence of a child in this state for the purpose of obtaining ______, is sufficient to meet initial jurisdiction.

Answer 40

gender-affirming health care or gender-affirming mental health care

Fam. Code 3421(d)

Question 41

CA has jurisdiction when the child is absent if it is due _____.

Answer 41

to abduction

Marriage of Hopson (1980) 110 Cal.App.3d 884

Question 42

CA has jurisdiction if one party moves to another state but the remaining party ______.

Answer 42

files action within 6 months

Marriage of Torres (1998) 62 Cal.App.4th 1367

Question 43

For a child under 6 months, it would be where the child has _____.

Answer 43

lived since birth

Guardianship of Ariana K. (2004) 120 Cal.App.4th 690

Question 44

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.

Answer 44

error for court to find that CA had JDX

Ocegueda v. Perreira (2015) 232 Cal.App.4th 1079

Question 45

Significant connection is _____ such as closer ties or where the evidence lies.

Answer 45

balancing of connections with both jurisdictions

Plas v. Superior Court (1984) 155 Cal.App.3d 1008

Question 46

Just the fact the child ______ is not the test to determine jurisdiction.

Answer 46

lives in the jurisdiction

Marriage of Arnold & Cully (1990) 222 Cal.App.3d 499

Question 47

Where child had lived in MX, it was error for the court to find CA had JDX without the ______.

Answer 47

court contacting MX to determine JDX

In re Gino C. (2014) 224 Cal.App.4th 959

Question 48

Frequent trips to another state with the child ____ where mother moved to the other state less than 6 months before petition.

Answer 48

does not divest CA of JDX

Schneer v. Llaurado (2015) 242 Cal.App.4th 1276

Question 49

A party coming to CA from MX to give birth _____

Answer 49

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

Question 50

The court can find that CA is home state while determining ______.

Answer 50

there is a more convenient forum

R.B. v. D.R. (2018) 28 Cal.App.5th 108

Question 51

CA may take JDX where _____ to exercise jurisdiction.

Answer 51

home state declines

In re E.R. (2018) 28 Cal.App.5th 74

Question 52

Where mom is transient and there is no home state, CA had jurisdiction where it had ______ is present in CA.

Answer 52

significant connections and substantial evidence

In re Ari S. (2021) 69 Cal.App.5th 1125

Question 53

Physical presence of, or PJ over, a party or child is ______ to make a custody determination.

Answer 53

not necessary or sufficient

Fam. Code 3421(c)

Question 54

UCCJEA meets the due process requirements for notice and opportunity to be heard in a child custody matter, even if _____.

Answer 54

no PJ over an out of state parent

Marriage of Leonard (1981) 122 Cal.App.3d 443

Question 55

The court has exclusive continuing jurisdiction until: _____

Answer 55

(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

Question 56

Visitation in CA with one parent is _____.

Answer 56

sufficient to retain continuing jurisdiction

Graham v. Superior Court (2005) 132 Cal.App.4th 1193

Question 57

Continuing jurisdiction exists for juvenile court where initial decree was _____.

Answer 57

made in CA family court

In re E.W. (2019) 37 Cal.App.5th 1167

Question 58

Continuing jurisdiction does not exist where parent and child move out of state and _____. Only applies to parents.

Answer 58

grandparents, requesting parenting time, remain in CA

A.M. v. Superior Court (2021) 63 Cal.App.5th 343

Question 59

A party _____ an out of state or international order.

Answer 59

may register

Fam. Code 3445

Question 60

The court may grant relief under the laws of CA to ____ a registered child custody determination made by a court of another state.

Answer 60

enforce

Fam. Code 3446

Question 61

A foreign country decree is treated as if it were made by a state in the US if: ____

Answer 61

(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

Question 62

The court shall afford _____ to the order of another state.

Answer 62

full faith and credit

Fam. Code 3453

Question 63

The court retains jurisdiction during pendency of proceedings to make child custody orders that seem _____.

Answer 63

necessary or proper

Fam. Code 3022

Question 64

Child custody orders are ______ where they are properly noticed, and are conclusive as to all decided issues.

Answer 64

binding upon parties

Fam. Code 3406

Question 65

Jurisdiction issues are ____ merit issues.

Answer 65

entitled to priority over

Fam. Code 3407

Question 66

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.

Answer 66

service requirements of that state

who submits

Fam. Code 3408

Question 67

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.

Answer 67

another action is pending in another state

terminated or stayed

Fam. Code 3426 & 3427

Question 68

Factors to consider for inconvenient forum include: ____

Answer 68

(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)

Question 69

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.

Answer 69

conformity of UCCJEA

Marriage of Sareen (2007) 153 Cal.App.4th 371

Question 70

Where aunt had a guardianship case and the child ran away to CA, CA did not have jurisdiction because of the guardianship action absent _____.

Answer 70

evidence of abuse

In re Nelson B. (2013) 215 Cal.App.4th 1121

Question 71

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.

Answer 71

to return the child to CA

Marriage of Nurie (2009) 176 Cal.App.4th 478

Question 72

Emergency jurisdiction (such as DV) only lasts _____ and until the original state can act.

Answer 72

as long as the emergency

Marriage of Fernandez‐Abin (2011) 191 Cal.App.4th 1015

Question 73

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 _____.

Answer 73

have actual notice of the proceeding in Belarus

W.M. v. V.A. (2018) 30 Cal.App.5th 64

Question 74

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.

Answer 74

proper for CA to take jurisdiction

In re A.C. (2017) 13 Cal.App.5th 661

Question 75

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.

Answer 75

may decline to exercise its jurisdiction

Fam. Code 3427

Question 76

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.

Answer 76

protect the parties and the child

evidence, including testimony of the child

familiarity of the court

Fam. Code 3427(b)

Question 77

Court erred by ruling on inconvenient forum without providing parties opportunity to _____.

Answer 77

present evidence on the issue

Brewer v. Carter (2013) 218 Cal.App.4th 1312

Question 78

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 ____.

Answer 78

has jurisdiction to make an initial determination under 3421

no longer live in that state

Fam. Code 3423

Question 79

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 _____.

Answer 79

emergency orders and retain jurisdiction pending further notice

Keisha W. v. Marvin M. (2014) 229 Cal.App.4th 581

Question 80

Registration of a decree does not ______.

Answer 80

confer modification jurisdiction

Marriage of Kent (2019) 35 Cal.App.5th 487

Question 81

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.

Answer 81

necessary to protect the child from imminent harm

Fam. Code 3424

Question 82

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 ______.

Answer 82

was not sufficient basis for emergency jurisdiction

In re A.C. (2005) 130 Cal.App.4th 854

Question 83

Where Nevada declined to find facility for abandoned children, it was proper for CA to _____.

Answer 83

take emergency jurisdiction to protect the children

In re Angel L. (2008) 159 Cal.App.4th 1127

Question 84

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 _____.

Answer 84

harmless error

In re Cristian I. (2014) 224 Cal.App.4th 1088

Question 85

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.

Answer 85

properly issued emergency jurisdiction

In re A.M. (2014) 224 Cal.App.4th 593

Question 86

Not _______ and to deny registration of Chinese order where it was not final due to a stay pending Husband’s appeal of it.

Answer 86

error for court to issue emergency jurisdiction

Marriage of Wang & Zhou (2021) 62 Cal.App.5th 1098

Question 87

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.

Answer 87

jurisdiction to make the factual findings necessary to enable a child to petition

CCP 155(a)(1)

Question 88

SIJ creates pathway for citizenship if ______.

Answer 88

substantial evidence supports finding

O.C. v. Superior Court (2019) 44 Cal.App.5th 76

Question 89

SIJ law extends to children up to ___.

Answer 89

21

Guardianship of Saul H (2022) 13 Cal.5th 827

Question 90

Indian Child Welfare Act (ICWA) supersedes _____.

Answer 90

UCCJEA

25 USC 1901 et. seq.

Question 91

CA public policy protects tribal relations and cultural social relations for qualified children, even if not ____.

Answer 91

in custody of Indian parent

Fam. Code 175

Question 92

ICWA requires tribal notice where custody may be ____. This includes required notice to the Bureau of Indian Affairs.

Answer 92

awarded to a non-parent

Fam. Code 180

Question 93

Affirmative duty upon court and investigators to ____.

Answer 93

inquire about ICWA

CRC Rule 5.481(a)

Question 94

Court investigators and social workers are ____.

Answer 94

sufficient effort

In re E.H. (2006) 141 Cal.App.4th 1330

Question 95

Notice must be given to ____ in which the child may be a member.

Answer 95

all tribes

In re J.T. (2007) 154 Cal.App.4th 986

Question 96

There must be evidence that _____ for ICWA notice.

Answer 96

child qualifies

In re Shane G. (2008) 166 Cal.App.4th 1532

Question 97

Lack of response by tribe constitutes ______.

Answer 97

implied acknowledgment that child does not qualify under ICWA

In re Jasmine G (2005) 127 Cal.App.4th 1109

Question 98

Transfer to tribal court _____.

Answer 98

deprives CA court of jurisdiction

In re M.M. (2007) 154 Cal.App.4th 897

Question 99

When parent excluded as father, notice to tribes provided by that party is ______.

Answer 99

unnecessary because not biologically related

In re E.G. (2009) 170 Cal.App.4th 1530

Question 100

It was _____ provide specifics about father’s Indian heritage.

Answer 100

error for court not to

D.B. v. Superior Court (2009) 171 Cal.App.4th 197

Question 101

Once an Indian custodian status is revoked, ICWA _____.

Answer 101

no longer applies to that custodian

In re G.L. (2009) 177 Cal.App.4th 683

Question 102

ICWA notice is moot even if child has Indian heritage if ______

Answer 102

no longer a child.

In re Melissa R. (2009) 177 Cal.app.4th 24

Question 103

Court erred by not hearing evidence from qualified expert on detriment to child to be in the care of a non-Indian parent by _____.

Answer 103

clear and convincing evidence

Erika K. v. Brett D. (2008) 161 Cal.App.4th 1259

Question 104

It was _____ the court did not make additional efforts when the children were belatedly determined to be Indian.

Answer 104

not error that

In re K.B. (2009) 173 Cal.App.4th 1275

Question 105

Determination of tribal descent is for the _____.

Answer 105

tribe to decide, not the CA court

In re B.R. (2009) 176 Cal.App.4th 773

Question 106

Vague references to possible ancestry without info about what tribe or whether there are any living relatives is ______.

Answer 106

not sufficient to invoke ICWA

In re J.D. (2010) 189 Cal.App.4th 118

Question 107

Tribe cannot expand the reach of the federal statute by a _____.

Answer 107

tribal provision that extends citizenship

Nielsen v. Ketchum (2011) 640 F.3d 1117

Question 108

A party who fails to raise the issue of the alternative of Tribal Adoption (TCA) results ____.

Answer 108

in harmless error

In re I.P. (2014) 226 Cal.App.4th 1516

Question 109

_____ where dad was ordered to file a ICWA form but failed to do so.

Answer 109

No prejudice

In re A.C. (2021) 65 Cal.App.5th 1060

Question 110

Failure to discharge the court’s initial inquiry duty is harmless unless the record contains information suggesting _____.

Answer 110

a reason to believe the children qualify under ICWA

In re Dezi C. (2022) 79 Cal.App.5th 769

Question 111

The court _____ custody rights of an adult disabled child.

Answer 111

lacks jurisdiction to enforce

Marriage of Jensen (2003) 114 Cal.app.4th 587

Question 112

The court has the jurisdiction to order a party and the child to _____.

Answer 112

appear in court

Fam. Code 3430(a)

Question 113

The court may issue a notice under 3408 directing a party or child to appear without _____.

Answer 113

warning that failure to appear may result in adverse ruling

Fam. Code 3430(b)

Question 114

The court, in order appearances, shall consider the _____.

Answer 114

safety of the child

Fam. Code 3430(c)

Question 115

The order for appearance may include a provision for _____.

Answer 115

fees and costs of transportation

Fam. Code 3430(d)

Question 116

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.

Answer 116

cumulative, not exclusive

Fam. Code 3443(b)

Question 117

CA court may grant any relief under law of CA to enforce _____.

Answer 117

registered order of another state

Fam. Code 3446

Question 118

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.

Answer 118

verified

jurisdictional basis

Fam. Code 3448

Question 119

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 ____.

Answer 119

20 days

confirmation of order

Fam. Code 3445(c)

Question 120

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 ______.

Answer 120

physical custody of the child

Fam. Code 3449

Question 121

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.

Answer 121

precludes further contest of the order

Fam. Code 3445(f)

Question 122

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.

Answer 122

has not been registered

was not given

Fam. Code 3450

Question 123

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.

Answer 123

take physical custody

Fam. Code 3451

Question 124

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.

Answer 124

physical harm or risk of removal

provide for placement

Fam. Code 3451(c)

Question 125

The child of spouses who cohabited at the time of conception and birth is _____.

Answer 125

conclusively presumed to be a child of the marriage

Fam. Code 7540

Question 126

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.

Answer 126

two years

Fam. Code 7541

Question 127

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 _____.

Answer 127

within 300 days

birth certificate or support orders in place

out as natural child

Fam. Code 7611

Question 128

When custody/visitation is at issue, the court must set ______.

Answer 128

the matter for mediation

Fam. Code 3170

Question 129

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).

Answer 129

health, safety, and welfare

nature and amount of contact

Fam. Code 3011(a)

Question 130

The court ______ the sex, gender identity, gender expression, or sexual orientation of a parent or legal guardian in determining best interest.

Answer 130

shall not consider

Fam. Code 3011(b)

Question 131

Perpetration of abuse in a home where a child resides is ______

Answer 131

detrimental to health, safety, and welfare of the child. Health, safety, and welfare is primary concern for best interest.

Fam. Code 3020(a)

Question 132

Public policy to ensure children have frequent and _____, and to encourage parents share in rights and responsibilities except when contact would _____.

Answer 132

continuing contact with both parents

not be in the best interest

Fam. Code 3020(b)

Question 133

Court orders ______ shall be in a manner that ensures the health, safety, and welfare of the child and safety of all family members.

Answer 133

regarding physical or legal custody

Fam. Code 3020(c)

Question 134

There is a presumption that joint custody is in the best interest of the children when _____.

Answer 134

the parents have agreed to joint custody

Fam. Code 3080

Question 135

Upon request of any party, when granting or denying joint custody, court shall _____.

Answer 135

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

Question 136

Immigration status is ______ in making an award of custody.

Answer 136

not a proper consideration

Fam. Code 3040(b)

Question 137

Felony record with no nexus to children ______.

Answer 137

alone is not a factor for best interest

In re James M. (1976) 65 Cal.App.3d 254

Question 138

Religious beliefs ______.

Answer 138

alone are not a basis to deny custody

Marriage of Urband (1976) 68 Cal.App.3d 796

Question 139

The court cannot enjoin ____.

Answer 139

religious discussions

Marriage of Murga (1980) 103 Cal.App.3d 498

Question 140

The court cannot enjoin religious observance absent _____.

Answer 140

a showing of risk of harm to the child

Marriage of Mentry (1983) 142 Cal.App.3d 260

Question 141

Cannot restrict parents from engaging a child in _____.

Answer 141

different religious activities

Marriage of Weiss (1996) 42 Cal.App.4th 106

Question 142

Physical handicap alone is _____.

Answer 142

not a sufficient basis for denial of custody

Marriage of Carney (1979) 24 Cal.3d 725

Question 143

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 _____

Answer 143

interest in maintaining custody/visitation

actual or threatened domestic violence

Fam. Code 3046(a)

Question 144

The court may consider attempts by one party to interfere ______ with the child in determining if section (a) is met.

Answer 144

with the other party’s regular contact

Fam. Code 3046(b)

Question 145

Does not apply if a party is excluded because of RO or _____.

Answer 145

abandons the child

Fam. Code 3046(c)

Question 146

Both parents have the right to access _____ even if they are not the custodial parent.

Answer 146

medical, dental, or school records

Fam. Code 3025

Question 147

Family reunification services _____ as part of a child custody or visitation rights proceeding.

Answer 147

shall not be ordered

Fam. Code 3026

Question 148

Juvenile court has _____ over family court.

Answer 148

priority jurisdiction

W&I 304

Question 149

Father found in contempt of court for filing proceedings in family court to try to ______.

Answer 149

defeat the juvenile court’s jurisdiction

In re William T. (1985) 172 Cal.App.3d 790

Question 150

A pending family law action does not preclude the _____ on the same allegations.

Answer 150

juvenile court action

In re Travis C. (1991) 233 Cal.App.3d 492

Question 151

Attempting to use the juvenile court as misuse to overcome family law orders may result in justification to ____.

Answer 151

reverse the juvenile court orders

In re Brendan P. (1986) 184 CAl.App.3d 910

Question 152

Juvenile judgments (exit orders) require showing of _____ and best interest to modify, even if stipulated to.

Answer 152

change in circumstances

W&I 362.4

Question 153

Agreements that attempt to divest the Family Court jurisdiction over custody _____.

Answer 153

are void

Marriage of Goodarzirad (1986) 185 Cal.App.3d 1020

Question 154

Joint custody means _____.

Answer 154

joint physical custody and joint legal custody

Fam. Code 3002

Question 155

Parents are equally entitled to custody of the child unless _____.

Answer 155

one parent is dead,
refuses to take custody, or
has abandoned the child

Fam. Code 3010

Question 156

Joint legal custody means that both parents shall share the right and the responsibility to make the decision relation to the ____.

Answer 156

health, education, and welfare of a child

Fam. Code 3003

Question 157

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.

Answer 157

Fam. Code 3006

Question 158

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.

Answer 158

consent of both parents

abrogate the physical custody

Fam. Code 3083

Question 159

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.

Answer 159

significant periods of physical custody

Fam. Code 3004

Question 160

Sole physical custody means that a child shall reside with and be under the ____, subject to visitation orders.

Answer 160

supervision of one parent

Fam. Code 3007

Question 161

In ordering joint physical custody, the court shall specify the rights of each parent to physical control of the child in _____.

Answer 161

sufficient detail to permit enforcement

Fam. Code 3084

Question 162

The court is not required to order joint physical even if ____.

Answer 162

it orders joint legal

Fam. Code 3085

Question 163

The court may specify one parent as the primary caretaker of the child and one home as the primary home for purposes of ______.

Answer 163

determining eligibility for public assistance

Fam. Code 3086

Question 164

The court has the authority to take any reasonable temporary steps necessary to protect a child pending an investigation of ____.

Answer 164

child abuse or child sexual abuse

Fam. Code 3027(a)

Question 165

The court may order a child welfare agency investigation, and upon completion, the agency shall _____.

Answer 165

report to the court

Fam. Code 3027(b)

Question 166

The court may set an RFO for sanctions against a parent who knowingly makes _______.

Answer 166

false abuse allegations to compensate the accused parent

Fam. Code 3027.1

Question 167

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 _____.

Answer 167

60 days

direct result of defending the action

Robert J. v. Catherine D. (Robert J. II) (2009) 171 Cal.App.4th 1500

Question 168

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 ______.

Answer 168

be established during the child custody proceeding

Marriage of Dupre (2005) 127 Cal.App.4th 1517

Question 169

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.

Answer 169

substantial evidence of intent to interfere with the other parent’s lawful contact

Fam. Code 3027.5

Question 170

The court may take jurisdiction over all children in a household based upon the abuse of one child if the circumstances show _____.

Answer 170

there is risk to the health, safety and welfare

In re I.J. (2013) 56 Cal.4th 766

Question 171

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.

Answer 171

mere existence of a child custody and visitation dispute

four years of age or older

WI &C 328

Question 172

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.

Answer 172

(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

Question 173

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.

Answer 173

child at significant risk

significant risk

Fam. Code 3030(a)(1)

Question 174

Same rules apply if a ______ is registered as a sex offender where the victim was a child.

Answer 174

member of a parent’s household

Fam. Code 3030(a)(2)

Question 175

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.

Answer 175

the party had unsupervised visitation previously

Fam. Code 3030.5

Question 176

No person shall be granted custody or visitation if the person has been convicted of rape and ______.

Answer 176

the child was conceived as a result

Fam. Code 3030(b)

Question 177

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.

Answer 177

murdered the other parent

Fam. Code 3030(c)

Question 178

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.

Answer 178

concealing the whereabouts of a child

Fam. Code 3062

Question 179

The court may enter an order granting temporary custody in accordance with an agreement of the parties by the parties _____.

Answer 179

attaching the agreement to the petition or action

Fam. Code 3061

Question 180

The court erred by splitting up brothers based on assumption that ______.

Answer 180

autism of one child would harm the other

Marriage of Heath (2004) 122 Cal.App.4th 444

Question 181

The court may separate siblings if necessary where one child is poisoned against a parent as the only means of ______.

Answer 181

preventing alienation of the other child

Marriage of Steiner & Hosseini (2004) 117 Cal.App.4th 519

Question 182

Improper for court to separate siblings because one child is on the autism spectrum. There must be a ______ warranting separation of siblings.

Answer 182

compelling set of circumstances

Marriage of Williams (2001) 88 Cal.App.4th 808

Question 183

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.

Answer 183

age 14 or older

provide an alternate means of obtaining the input

under 14

Fam. Code 3042

Question 184

It is not mandatory to follow the ______.

Answer 184

child’s wishes

Marriage of Mehlmauer (1976) 60 Cal.App.3d 104

Question 185

Greater weight is given to wishes of a child in modification proceedings especially when _____.

Answer 185

it involves a move away

Marriage of Rosson (1986) 178 Cal.App.3d 1094

Question 186

Preference of a child may be considered in an OSC hearing where a difficult teenager _____.

Answer 186

refuses to visit with the other parent

Coursey v. Superior Court (1987) 194 Cal.App.3d 147

Question 187

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.

Answer 187

probative value of the child’s input

presence of the parties

CRC Rule 5.250(b)

Question 188

In determining whether in the best interest for the child to participate, the court should consider: _____

Answer 188

(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)

Question 189

Alternatives to child direct input include: _____. The court must require the information or evidence obtained by professional or nonparty in writing and remain confidential.

Answer 189

(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)

Question 190

Evaluator, CCRC, or investigator must: ____.

Answer 190

(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)

Question 191

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.

Answer 191

orientation for the child

consider effect on the child

CRC Rule 5.25(g)

Question 192

Education and training for court staff should include ____.

Answer 192

information on the processes,
methods and procedures for direct testimony and/or
input from children

CRC Rule 5.25(h)

Question 193

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.

Answer 193

provision of child’s identification

6 months

1 year

Fam. Code 7822

Question 194

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.

Answer 194

illegal use of controlled substances

habitual, frequent, or continual illegal use

the last five years

an adverse custody decision

Fam. Code 3041.5

Question 195

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.

Answer 195

use the law of the juvenile dependency court

Heidi S. v. David H. (2016) 1 Cal.App.5th 1150

Question 196

Father’s limited use of marijuana 3 times per week for arthritis per Rx as a legal use was _____.

Answer 196

not sufficient for a W&I C 300 petition as a substance abuser

In re Drake M. (2012) 211 Cal.App.4th 754

Question 197

A change in circumstances is required to modify a final custody order because of the importance of maintaining ______.

Answer 197

stability and continuity for the child

Burchard v. Garay (1986) 42 Cal.3d 531

Question 198

Modification of a parenting schedule does not require a showing of _____.

Answer 198

change in circumstances as is required for legal and physical custody

Marriage of Birnbaum (1989) 211 Cal.App.3d 1508

Question 199

The court cannot ignore the requirement for a change in circumstances to modify custody, despite considerable evidence of the _____.

Answer 199

parents’ inability to cooperate

Marriage of McLoren (1988) 202 Cal.App.3d 108

Question 200

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.

Answer 200

advances the best interest of the child

Montenegro v. Diaz (2001) 26 Cal.4th 249

Question 201

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.

Answer 201

45 days’

Fam. Code 3024

Question 202

A parent with physical custody has a presumptive right to relocate the child absent evidence that the relocation is for the purpose of _____.

Answer 202

interfering with the other parent’s relationship with the child

Marriage of Burgess (1996) 13 Cal.4th 25

Question 203

It is the intent of the Legislature to affirm Burgess.

Answer 203

Fam. Code 7501

Question 204

A parent with 28% timeshare was ____ for purposes of Burgess.

Answer 204

not a joint custodian

Marriage of Whealon (1997) 53 Cal.App.4th 132

Question 205

A parent’s relocation of a child for the purpose of interfering with the other parent’s relationship with the child is _____.

Answer 205

grounds for denying a relocation of the child

Marriage of Ciganovich (1976) 61 Cal.App.3d 289

Question 206

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.

Answer 206

stability and continuity

good faith

currently sharing custody

mental stability of parents

animosity

Marriage of La Mugsa (2004) 32 Cal.4th 1072

Question 207

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.

Answer 207

to be in the best interest of the child

Fam. Code 3150:

Question 208

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 ____.

Answer 208

present the child’s wishes to the court

Fam. Code 3151(a)

Question 209

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.

Answer 209

access to child

filing RFO

not ordered by the court

Fam. Code 3151(b) and (c)

Question 210

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 ____

Answer 210

highly contested or protracted

appears to require independent representation. See also Marriage of Metzger.

CRC Rule 5.240

Question 211

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.

Answer 211

the time of appointment

financial ability of the parties to pay

CRC Rule 5.241

Question 212

Outlines qualifications, rights and responsibilities of minor’s counsel.

Answer 212

CRC Rule 5.242

Question 213

3150 is constitutional and does not require a finding of _____ for appointment of minor’s counsel.

Answer 213

parental unfitness

Marriage of Metzger (2014) 224 Cal.App.4th 1441

Question 214

The court has no jurisdiction to appoint a guardian ad litem for a child in a dissolution because the _____.

Answer 214

child is not a party to the action

Marriage of Lloyd (1997) 55 Cal.App.4th 216

Question 215

The court may order an evaluation for the purpose of assisting the court in making a determination whether _____ is appropriate.

Answer 215

joint custody

Fam. Code 3081

Question 216

A licensed professional clinical counselor may be a _____ only after completing the proper training under CRC 5.220, 5.225, and 5.230.

Answer 216

child custody evaluator

Fam. Code 3110.5

Question 217

Custody evaluations shall be made confidential may not be disclosed except to: _____

Answer 217

(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

Question 218

Court ruled that a biased and procedurally non‐compliant expert recommendation and testimony only _____

Answer 218

affects “the weight of the report, not its admissibility”

Marriage of Winternitz (2015) 235 Cal.App.4th 644

Question 219

The family court cannot terminate parental rights without proper safeguards including an investigation, minor’s counsel, etc. to _____.

Answer 219

determine the long-term welfare of the children

Marriage of Jackson (2006) 136 Cal.App.4th 980

Question 220

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 _____.

Answer 220

with the natural rights of the parents and the best interest of the children (Fam. Code 3011)

Fam. Code 3120

Question 221

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 _____.

Answer 221

convicted of a crime in connection with falsely accusing the moving parent of child abuse

Fam. Code 3022.5

Question 222

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.

Answer 222

preference over other civil cases

Fam. Code 3023