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Family Law > Family Law > Flashcards

Family Law Flashcards

1
Q

Marriage Requirements

A

A valid marriage requries a license and a ceremony.

  • License: is required, but failure to obtain renders marraige voidable, not void.
  • Ceremony: A valid ceremony requires an authorized religious official, a stae clerk, or a deputy clerk authorized by the county administrative judge. Required, but a defective ceremony renders marriage voidable, not void.
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2
Q

Marriage Requirements (of spouses)

A
  • Age: Persons aged 16-17 must have consent OR be pregnant; Aged 15 must have consent AND be pregnant.
  • Gender: ?
  • Consanguinity: cannot marry siblings, parents, grandparents, aunts.
  • Bigamy: a married individual may not marry another. The second marriage is a nullity.
    • An individual whose spouse has been absent for seven years may petition the court to declare spouse dead so that s/he may marry again.
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3
Q

Common-Law Marriage

A
  • Maryland does NOT authorize common law marriage.
  • Maryland WILL recognize the common law marriage of a jurisdiction which permits it if:
    • the jurisdiction authorizes a common law marriage;
    • the parties intend to be married;
    • they reach agreement;
    • they make a public declaration; and
    • they continuously cohabit
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4
Q

Annulment vs. Divorce

A
  • Annulment is the legal determination that the marriage did not exist.
  • Divorce is a legal determination that the marriage existed, but is terminated.
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5
Q

Void Marriages

A

A marriage is void, the law does not and did not recognize it. It never happened.

  • Grounds for Void Marraige:
    • bigamy
    • consanguinity
    • expressly void by statute (i.e., age)
  • Void marraiges are subject to direct and collateral attack:
    • direct attack–a party to the marriage challenges the marriage in an action for annulment by that spouse against the other. If one spouse is dead, such an action cannot be brought.
    • collateral attack–the challenge to the marriage is incidental to another type of action
    • no proceeding is necessary to declare a marriage void, but a formal declaration of annulment may be desirable.
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6
Q

Voidable Marriage

A
  • A marriage is voidable for the following reasons:
    • No valid license or ceremony
    • Age
    • Insanity
    • Intoxication
    • Duress
    • Fraud
  • A voidable marriage is subject to direct attack only (i.e., actin for annulment).
  • Voidable marriages are _valid until declared void. _
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7
Q

Annulment

A

An annulment is the legal determination that the marriage never existed.

  • As part of an annulment action, the court may award alimony, and classify, value, and distribute marital property as it would following a divorce.
  • Children of a void or annulled marriage are declared illegitimate.
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8
Q

Divorce

A

Divorce is the legal determination by the state which puts an end to the marital relationship. There are two types of divorce:

  • Absolute: ends the marriage permanently, permits remarriage, and terminates property claims.
  • Limited: does not end the marriage, does not permit remarriage, but does provide for support and legalize the separation.
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9
Q

Grounds for Absolute Divorce

A

There are seven grounds for an absolute divorce. Remember: Seems Almost Every Divorce Involves Interesting Conduct.

  • Separation
  • Adultery
  • Excessively Vicious Conduct
  • Desertion
  • Insanity
  • Incarceration
  • Cruelty

Maryland provides for divorce without regard to fault (no-fault divorce). If both parties agree to the divorce, they may obtain a divorce by living separate and apart for one year without cohabitation, without interuption, and without reasonable expectation of reconciliation.

  • *
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10
Q

Absolute Divorce: One-Year Separation

A

A couple may file for absolute divorce after living separate and apart, without cohabitation, for one year without interuption.

  • Always discuss desertion along with separation because the two are so similar.
  • May not file until 12-month separation is complete.
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11
Q

Absolute Divorce: Adultery

A

Adultery is voluntary sexual intercourse between a married individual and someone other than that individual’s spouse.

  • Justifies immediate filing for divorce
  • May be proved by opportunity for adultery (spouse goes into woman’s house at 11 p.m., leaves at 5 a.m.) and disposition or inclination to commit adultery (displays of affection between spouse and paramour).
  • There must be proof and corroboration in order to prevent collusion (cannot be granted on testimony of person seeking divorce).
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12
Q

Absolute Divorce: Excessively Vicious Conduct

A

Excessively vicious conduct requires conduct by a spouse toward the other spouse or minor child which endangers the life, person, or health, making the marraige impossible to maintain.

  • Justifies immediate filing for divorce if there is no reasonable expectation of reconciliation.
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13
Q

Absolute Divorce: Desertion

A

Desertion is an unjustified separation of one spouse from the other with the intent to terminate the marriage.

  • May be actual or constructive
    • actual–deserting spouse physically leaves the marraige without justification
    • constructive–complaining spouse physically leaves having been driven from marriage by spouse who made continuing the marriage unbearable
  • Desertion must continue for 12 months without interuption and there must be no reasonable expectation of reconciliation.
  • Desertion must be a deliberate and final act.
  • Deliberate unjustified refusal to have sex=desertion.
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14
Q

Absolute Divorce: Insanity

A

Divorce due to insantiy requires that:

  • the insane spouse have been detained in a mental institution, hospital, etc. for at least three years;
  • two physicians testify that there is no hope of recovery and the insanity is incurable; and
  • one of the parties have been a resident of MD for at least two years before filing
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15
Q

Absolute Divorce: Incarceration

A

Incarceration is grounds for divorce where the defendant spouse has been sentenced to at least three years and has served at least twelve months.

  • Felony or misdemeanor conviction is sufficient.
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16
Q

Absolute Divorce: Cruelty

A

Divorce on the grounds of cruelty requires conduct that so endangers the physical or mental health or safety of the spouse or minor child, rendering it impracticable to discharge the marital duties.

  • Justifies immediate filing for divorce
  • No reasonable hope of reconciliation
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17
Q

Limited Divorce

A

A limited divorce allows the aggrieved spouse the right to live separate and apart and may provide for support.

  • Court may require, as condition precedent to granting, that parties participate in efforts to reconcile and to assess these costs.
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18
Q

Grounds for Limited Divorce

A

There are four grounds for limited divorce:

  • Cruelty
  • Excessively Vicious Conduct
  • Desertion (can file immediately for limited divorce, need not wait 12 months)
  • Voluntary Separation
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19
Q

Defenses to Divorce

A

There are five defenses to divorce:

  • Condonation: forgiveness of marital offense (i.e., sex after adultery). Not a complete defense, only a factor.
  • Recrimination: is a countercharge by offending spouse that the aggrieved spouse is also guilty of the offending conduct. Not a complete defense, only a factor.
  • Connivance: is the consent or permission by the aggrieved spouse to the acts of the offending spouse.
  • Collusion: is a conspiracy by parties to a divorce to defraud the court by the misrepresentation that grounds for divorce exist when they do not.
  • Provocation: inciting spouse to commit a marital offense
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20
Q

Divorce: Jurisdiction

A

The Circuit Court has subject matter jurisdiction over divorce in Maryland.

Residency Requirement:

  • If grounds for divorce occur in Maryland, at least one party must be domiciled in Maryland (no time limit) for MD court to have jurisdiction. Domiciled = lives and votes in MD with the intent to make MD the residence.
  • If grounds for divorce occur outside of Maryland, at least one party must be a resident of Maryland for one year.

Masters Hearings

  • A Master, similar to a magistrate, holds hearings and makes recommendations to Circuit Court on uncontested divorces, alimony, child support, and use and possession orders.
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21
Q

Divorce: Venue

A

A plaintiff-spouse may file a complaint for divorce in the county where the plaintiff resides OR where the defendant resides, is regularly employed, or has a place of business.

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22
Q

Divorce: Complaint & Corroboration

A

Plaintiff spouse must file a complaint alleging the grounds for divorce that exist at the time of filing.

  • Each element of the grounds must be corroborated by a witness.
  • Oral testimony is required before a final divorce decree can be entered
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23
Q

Child Custody Generally

A

Court decides when, where, and with whom a child will spend time and how decisions about the child will be made.

Types of Custody:

  • Physical Custody involves physical responsibility for the child and responsibility for day to day decisions.
  • Legal Custody involves responsibility for important decisions.

Mediation of Custody & Visitation Disputes

  • If custody or visitation is at issue, the court must determine if mediation is appropriate. Mediation is NOT appropriate where there is a genuine issue of physical or sexual abuse of a party or child.
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24
Q

Child Custody: Best Interest of the Child Standard

A

The overarching consideration in custody determination is the best interest of the child. The best interest of the child is determined considering the following factors:

  • the fitness of the parents
  • the characther and reputation of the parties
  • the desire of the natural parents and agreements between them
  • the potential for maintaining natural family relations
  • the preference of the child (if child is of sufficient age and capacity to form a rational judgment)
  • material opportunities affecting the future life of the child
  • the age, health, and sex of the child
  • the residences of the parents and opportunity for visitation
  • the length of the separation of the parties
  • whether there was a prior voluntary abandonment or surrender of custody of the child
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25
Q

Child Custody: Sole or Joint

A

The court will decide whether custody should be awarded to one parent or both. Court must declare how the physical and legal custody is apportioned.

Factors Relating to the Parents

  • desire of both parents to participate in joint custody
  • ability of the parents to communicate and agree w/r/t important decisions regarding the child
  • parents’ ability to cooperate
  • the geographical proximity of the parties
  • the fitness of the parents
  • demands of parental employment
  • financial status of the parents
  • impact on state or federal assistance
  • the benefit to the parents

Factors Relating to the Family

  • the relationship between the child and each parent

Factors Relating to the Child

  • the preference of the child
  • potential disruption of the child’s social and school life
  • the age and number of children
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26
Q

Modification of Custody Order

A

A court maintains continuing jurisdiction to modify a custody order if there is a material change in circumstances which could adversely impact the child.

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27
Q

Custody Jurisdiction: Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

A

Maryland has adopted the UCCJEA under which out-of-state custody decrees are extended full faith and credit. Maryland will give the decree-rendering state a strong presumption of continuing modification jurisdiction until all or almost all of the state’s connection with the parents and the child is lost.

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28
Q

Child Visitation

A

Non-custodial parent must be provided reasonable visitation. Reasonableness is determined based on factors such as the geographical proximity of the parents, their employment demands, and the age of the child.

Exception for Abuse or Neglect

  • If the court has reasonable grounds (preponderance of the evidence) to believe that a child has been abused or neglected, the court shall deny custody or visitation unless the court specifically finds that there is no likelihood of further abuse or neglect.

Interferencee w/ Visitation

  • If court-ordered visitation is unjustifiably interfered with, court may reschedule, modify the order, or asess costs against interfering party.
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29
Q

Third-Party Visitation

A
  • A third party may petition for visitation, but first, must show “exceptional circumstances” that justify overriding the parent’s objection and must be in child’s best interest.
  • A third-party must show exceptional circumstances or that parent is unfit.
  • There is a presumption that a parent has the right to determine whether a third party should have visitation with a child and this presumption will not be disturbed absent extraordinary circumstances.
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30
Q

Child Support Generally

A

Child support is an amount of money to be paid by the non-custodial parent to the custodial parent for the maintenance of a biological or adopted child who is a minor or is a dependent handicapped adult.

  • Requisite is paternity, which must be acknowledged, established by a paternity action, or established by proof that the child was conceived during the marriage.
  • Alimony will be determined before child support is determined.
31
Q

Child Support: Duration & Termination

A

Child support continues until:

  • child becomes 18 years of age (19, if still in high school);
  • child becomes emancipated or marries;
  • child becomes self-supporting; or
  • payor’s death
32
Q

Maryland Child Support Guidelines

A
  • Court must use guidelines to determine the correct amount of child support.
  • Support obligation is divided between the parents in proportion to their adjusted actual incomes
  • Health insurance may be ordered by court as part of child support if parent can obtain coverage through an employer or group at reasonable cost
  • If income exceeds the guideline maximum of $10,000/month, the court may use its discretion to provide the same standard and level of support that they would ahve experienced if parents remained together.
  • A parent who voluntarily impoverishes herself will have an obligation based upon potential income
33
Q

Modification of Child Support

A

Child support orders may be modified based on a material change of circumstances, but subject to the best interest of the child standard.

  • An agreement that child support is not modifiable is unenforceable (unlike an agreement as to alimony)
34
Q

**Child Support: Enforcement **

A

A support order may be enforced in a number of ways, including:

  • income or wage withholding
  • civil contempt action
  • criminal nonsupport action
  • tax intercept
  • suspension or denial of occupational licenses
  • attachment of lottery winnings
  • suspension of driver’s license
  • credit reporting
  • liens on personal and real property
  • Uniform Interstate Family Support Act–allows long-arm jurisdiction over an absent parent obligated to pay child support
35
Q

Alimony Generally

A

Alimony is court-ordered monetary award to provide economic support based on need of spouse.

  • Principal function is rehabilitation, to enable support, education, and training to assist economically dependent spouse to become self-supporting.
36
Q

Types of Alimony

A

There are three varieties of alimony:

  • Temporary
  • Rehabilitative/Statutory
  • Indefinite
37
Q

Temporary/ Pendente Lite Alimony

A

The purpose of temporary alimony is to maintain the status quo during the pendency of divorce proceedings.

38
Q

Rehabilitative/Statutory Alimony

A

This is the preferred type of alimony. A monetary award for a specific period of time to allow an economically dependent spouse to develop income producing skills and become self supporting.

  • Awarded for a limited period, generally less than 3 years
  • A self-supporting spouse is not entitled to rehabilitation alimony
39
Q

Permanent/Indefinite Alimony

A

Permanent alimony may be awarded if the court finds that either:

  • spouse will not, due to age, illness, infirmity, or disability, become self supporting; OR
  • even if spouse is self-supporting, the respective standards of living of the spouses would be unconscionably disparate
40
Q

Mandatory Alimony Factors

A

In setting the type, duration, and amount of alimony, the court must consider twelve statutory factors:

Factors Relating to Spouse Seeking Alimony

  • ability to be wholly or partly self-supporting
  • time necessary to fain sufficient education and training to find suitable employment
  • effect on institutionalized spouse’s eligibility for medical assistance

Factors Relating to Both Spouses

  • the standard of living that the parties established during the marriage
  • the age of each party
  • the physical and mental condition of each party
  • the financial ability of the party to meet both party’s needs
  • any agreement between the spouses
  • the financial needs and resources of each party

Factors Relating to the Marriage

  • the duration of the marriage
  • the contributions, monetary and non-monetary, of each party to the family
  • the circumstances that contributed to the estrangement
41
Q

Modification/Extension of Alimony

A
  • The court may modify alimony order as circumstances and justice requires.
    • However, if express agreement that alimony is non-modifiable or if alimony is expressly waived, court cannot modify.
  • Recipient may file a petition for extension, which the court may grant if there are changed circumstances that would lead to a harsh and inequitable result without the extension.
42
Q

Termination of Alimony

A

Unless the parties agree otherwise, alimony terminates:

  • on the date specified by agreement or the court order
  • on the death of either party
  • on the marriage of the recipient
  • if the court finds termination is necessary to avoid a harsh and inequitable result

Cohabitation does not automatically terminate support obligation

43
Q

No Palimony, But…

A

Palimony is an action between an unmarried couple at the end of relationship for alimony-like support or division of property. Partners can get such support under standard contract law, tort law (e.g., fraud, conversion) and equitable remedies for unjust enrichment (e.g., constructive trust)

44
Q

Property Disposition Generally

A

The key policy is fair and equitable distribution. The court has the power to:

  • determine ownership of the property
  • transfer ownership of property, including:
    • the family home titled in the name of the spouses (subject to liens)
    • family use personal property (subject to liens)
    • interest in pensions, retirement, profit sharing, deferred compensation plans
  • to order use and possession of family home and family use personal property by custodial parent
45
Q

Property Disposition & Monetary Awards: Three Steps

A

To reach a decision on a monetary award/property disposition, the court will:

  • Classify the property as marital or non-marital
  • Value the property
  • Distribute it’s value based on the contributions of each party
46
Q

Classification of Property

A

The court will first classify whether property is marital or non-marital.

  • Marital property includes all property, however titled, acquired by one or both spouses during the marriage. Real property held as tenants by the entirety is marital property, even if traceable to a non-marital source.
  • Marital property does NOT include property:
    • acquired before the marriage
    • acquired by inheritance or gift from a third party
    • excluded by valid agreement
    • directly traceable to any of these sources
47
Q

Classification: Source of Funds Test

A

If the character of property is disputed, the court will trace the property to the source of funds for its acquisition. If property is traceable to both marital and non-marital source, the spouse contributing non-marital property is entitled to an interest in the property in the ratio of the non-marital investment.

  • Co-mingled Property–when marital and non-marital funds are used to acquire property or reduce marital debt, and the property cannot be traced to a non-marital source, then the property is classified as marital.
48
Q

Valuation of Property

A

After classification, the court will then, accurately and on the record, determine the value of all marital property.

  • To reach an accurate value, marital debt is subtracted from the assets. Marital debt is debt directly traceable to the acquisition of property.
  • The property is valued as of the date of divorce, not separation.
  • Parties must submit a Joint Statement of Marital and Non-marital Property
49
Q

**Distribution **

A

After classification and valuation, the court may distribute the marital proerty by:

  • making a monetary award to a party;
  • transferring title/ownership of certain marital property; or
  • both

The court must consider and account for each of eleven statutory factors.

The goal is equitable, not equal distribution, to achieve fairness rather than a 50/50 split.

50
Q

Mandatory Distribution Factors

A

Court must consider:

  • contributions (monetary and non-monetary) of each party to well-being of family
  • fault in circumstances that contributed to estrangement
  • duration of the marriage
  • economic circumstances of each party
  • value of all the property interests of each party
  • age of each party
  • physical and mental condition of each party
  • how and when property was acquired
  • any award of alimony or other provision made by court for the family home/personal property
  • contribution of non-marital property to acquisition of real property held by parties as tenants by the entirety
  • any other relevant factors to arrive at a fair and equitable award
51
Q

Distribution: Monetary Award

A

After classifying and valuing property, and considering the mandatory factors, the court may order one party to pay money to the other or make a single monetary award.

52
Q

Distribution: Transferring Ownership

A

The general rule is that a court may NOT transfer ownership of property from one party to another except in limited cases. In lieu of, or in addition to, a monetary award, a court may transfer ownership of:

  • The family home (family’s principal residence) if titled in the name of both spouses, subject to any liens on the property.
  • Interest in pensions, retirement, profit sharing, deferred compensation plans.
  • Family use personal property.

These transfers may NOT occur in a limited divorce, they may ONLY follow absolute divorce or annulment.

53
Q

Distribution: Family Use Personal Property

A

As part of distribution, court may transfer ownership of “family use personal property,” which is:

  • tangible personal property;
  • acquired during the marriage;
  • owned by 1or both of the parties; and
  • used primarily for family purposes.

Includes cars, furnishings, and appliances.

Does NOT include inheritance, gift from a third party or excluded by valid agreement.

54
Q

Use and Possession Order

A

In a divorce (limited or absolute) or annulment proceeding, the custodial parent of a natural or adopted child (NOT step-child) may be awarded the right to possess and use the family home and family use personal property.

Factors considered include (1) best interest of any child; (2) interest of each party in continued use of the property; and (3) any hardship imposed on the party whoe interest in the family home or family use personal property is infringed on by this order

The order can only last until the youngest child reaches 18 or graduates high school, whichever is last, and in any event, can last no longer than three years from the date of annulment or divorce decree. Termination is immediate if custodial parent remarries.

55
Q

Contribution

A

Contribution allows the resident spouse who pays mortgage and expenses of home held as tenants by the entirety to seek contribution from a nonresident spouse.

  • Contribution may be allowed–it is within the discretion of the court.
56
Q

Qualified Domestic Relations Order (QDRO)

A

When a court transfers interest in pensions retirement plans, profit-sharing, or deferred compensation, a QDRO must be prepared to meet requirements of ERISA.

57
Q
A
58
Q

Deeds, Agreements, & Settlements

A

A husband and wife may make a valid and enforceable deed, agreement, or settlement that relates to alimony, support, property rights, or personal rights. Such agreements are presumptively valid.

Agreements are evaluated by standard contract principles. Requires consideration, must be in writing if real property is involved.

59
Q

Settlement Agreements: Grounds for Invalidation

A

The court will set aside agreements based on standard contract principles:

  • Breach of a confidential or fiduciary relationship
  • Unconscionability
  • Duress
  • Fraud
60
Q

Settlement Agreement: Confidential Relationship

A

An agreement may be set aside for breach of a confidential relationship. A confidential relationship is a contract law principle that recognizes that, by virtue of the relationship between the two people, the dominant party will not act in a manner inconsistent with the welfare of the other party.

  • If a confidential relationship is found between spouses, the burden of proving that an agreement is fair in all respects shifts to the dominant spouse.
61
Q

Modification of Agreements

A
  • A court may modify a child support or alimony award where there has been a material change in circumstances.
  • For alimony awards, courts consider a number of factors before modification, including the current income and assets of the parties.
    • Note it is CURRENT assets and income, even assets acquired after the marriage.
  • For child support, the best interests of the child and the guidelines will provide the guide.
  • If an agreement was incorporated or adopted in divorce decree, it is enforceable as a contract, thus spouse may still be responsible even if their circumstances changed materially.
62
Q

Approval, Incorporation, & Merger of Agreements

A

An agreement between the parties will either be approved, incorporated, or merged with final decree.

  • If approved or incorporated, the agreement may be enforced by court’s contempt power or an an independent contract.
  • If merged, the agreement may ONLY be enforced by the court’s contempt power.
  • Once approved, incorporated, or merged, the validity of the agreement is res judicata.
63
Q

Prenuptial Agreements

A

A prenuptial agreement is an agreement between two people who intend to marry, which sets froth the parties rights with respect to property, in the even of thhe termination of the marriage by death or divorce.

  • Prenuptial agreements are enforced if valid.
  • Validity is determined on a case-by-case basis, considering several factors: fair and equitable in procurement; disclosure of assets; entered into freely, voluntarily, and with full knowledge of its meaning and effect; independent legal advice sought by the parties.
64
Q

Domestic Violence

A

Maryland seeks to protect persons in certain “household relationships” from most forms of physical and sexual abuse through criminal and civil courts.

  • Relief is available through the district or circuit courts, and if the courts are not open (weekend, holidays), through a Court Commissioner.
65
Q

Abuse Defined

A
  • Abuse is any behavior that causes or creates the reasonable fear of serious bodily harm, assault in any degree, sex offense, or false imprisonment which occurs against a person eligible for relief.
  • A person eligible for relief includes (1) a current or former spouse; (2) a cohabitant, person in sexual relationship residing in same house for at least 90 days within one year of filing; (3) a person related by blood, marriage, or adoption; (4) a parent, step-parent, child or step-child who resided with abuser for at least 90 days; (5) a vulnerable adult; or (6) an individual who has a child in common with respondent.
66
Q

Interim Protective Order

A

A person eligible for relief may seek a IPO from a Court Commissioner only when courts are closed.

  • Ex parte appearance: petitioner appears before commissioner, ex parte, under oath.
  • Standard of Proof: commissioner must find reasonable grounds to believe abuse occurred
  • Duration: IPO is effective for 48 hours (or until end of second business day when courts reopen)
67
Q

Temporary Protective Order

A

A victim of domestic violence may file for a TPO, which is effective for seven days, but can be extended on a week-to-week basis for up to six months.

  • Ex parte hearing with aggrieved party only
  • Standard of Proof. Judge must find reasonable grounds to believe that abuse occured.
  • Relief. The may fashion immediate relief:
    • Prohibiting further abuse or contact
    • Awarding use and possession of the family home to petitioner, requiring abuser to vacate;
    • Grantiing temporary custody of children to petitioner
  • Copy of the order must be served oon abuser (respondent)
  • If abuser appears at TPO hearing, and both parties waive TPO hearing, the court can conduct an FPO hearing.
68
Q

Final Protective Order

A

If court grants TPO, a hearing is held within seven days after respondent is served on abuser to determine whether an FPO should issue.

  • Standard of Proof: court must be convinced by clear and convincing evidence that abuse occured
  • Duration. Order may last for up to 1 year, but can be effective for 2 years if abuse was committed within one year after a prior FPO and the prior FPO was issued for a period of at least 6 months.
  • Relief. Same as TPO, plus an order to
    • pay emergency family maintenance;
    • award temporary child custody
    • establish temporary visitation;
    • grant petitioner use and possession of a jointly owned vehicle
    • engage in counseling for respondent or petitioner
    • respondent to surrender firearm and to refrain from purchasing firearm (MANDATORY).
69
Q

Permanent Final Protective Order

A
  • Available when:
    • previous final protective order was issued against the respondent; and
    • the respondent was convicted of, and served at least 5 years of imprisonment for attempted murder, 1st degree assault or 1st or 2nd degree rape or sex offenses; and
    • the victim of the abuse crime requests a new final protective order.
  • Limited Relief. Only relief included in the previous final protective order and may include only that respondent refrain from abuse, threats or contact petitioner.
  • Duration - Permanent, unless petitioner requests termination.
70
Q

Appellate Review of Protective Orders

A

Protective orders issued by the District Court are subject to de novo review in the circuit court.

  • can raise new matters, even those not raised in the district court.
71
Q

Peace Orders

A

The district court has jurisdiction to issue a peace order.

  • Eligibility: peace order may NOT be issued by a person who is either (1) eligible for a Protective Order; OR (2) a a chld at the time of commission of an act specified in statute.
  • Availability: petition must come within 30 days of an act that causes or places victim in fear of serious bodily harm; assault; rape or sex offense; false imprisonment; harassment; stalking; trespass; malicious destruction of property.
  • Ex parte hearing
  • Standard of Proof. Court must find reasonable grounds to believe that the respondent has committed one of the above acts against petitioner
  • Relief. May issue a temporary peace order, and then a peace order for up to six months.
72
Q

Child in Need of Assistance (CINA) / Child in Need of Supervision (CINS)

A

Child in Need of Assistance (CINA) / Child in Need of Supervision (CINS)

Children found to be the subject of abuse or neglect are deemed “CINA” or if less serious, “CINS.” These cases are heard in the Juvenile Division of the Circuit Court.

73
Q

Child Custody & Abduction

A

Non-custodial care taker must return child w/in 48 hours of demand by custodial parent or face criminal penalties

74
Q

Jurisdiction Over Child After Leaving the State

A

Once children are relocated to another state, it must be established that Maryland has jurisdiction. MD has jurisdiction if:

  • MD is the home state of the child at the commencement of the proceeding
  • no other state court has jurisdiction (or has declined jurisdiction)
  • the child and the child’s parents, or the child and at least one parent, has significant connections with MD

Family Law (1 decks)

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