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Board Cert > Parenting Plans/Relocation > Flashcards

Parenting Plans/Relocation Flashcards

1
Q

What must court consider before doing electronic communication by that statute?

A

BIC
Available, afforadable way to communicate
History of DV/substance abuse
Any other factor

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2
Q

Must court award phone contact with other parent?

A

Yes, rebuttable presumption phone is BIC

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3
Q

Parenting plan doesn’t have methof of electronic communication with other parent. Do you have to file a petition to modify?

A

Yes, but don’t have to prove substantial change

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4
Q

Must court make findings for each timesharing factor?

A

No, just has to do BIC

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5
Q

What relief can court order to prevent removal of child?

A

Order not to remove from state, US, or non-HAGUE
Passport surrender
Bond (look at all possible facts and removal-related facts to support this)
Require FJ registered in other states

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6
Q

What must be in a PP to avoid reversal?

A

Timesharing
Adequate detail on daily tasks
Decision-making on healthcare, school, registration
Communication methods/technologies

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7
Q

Parenting plan has 50/50 schedlue. NOthing on holidays. Appeal?

A

Yes, must have sufficient detail on timesharing.

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8
Q

What is court to consider in making PP?

A

BIC!

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9
Q

Pneumonic for best intersts factors?

A

MR HEARTFACT PIT PALNAP

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10
Q

WHAT IS MR. HEARTFACT PIT PALNAP?

A

BEST INTERESTS FACTORS

Moral fitness
Record in home/school

Health of parents
Encourge relationship with parent
Act in BIC
Routine for child
Travel time

False info on abuse/neglect
Actual abuse/neglect/DV
Communnication methods with other parent
Tasks by each parent

Parental responsibilities after divorce
Informed by other parent
Time in stable home

Participation in school
Abuse of substances
Litigation - kept from
Needs (development)
Anything else
Preference of child
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11
Q

What is standard for determining PR?

A

Competent, substantial evidence

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12
Q

When is there a presumption of detriment to kids for PR?

A

DV Misdemeanor 1st degree or above

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13
Q

WHen does court interfere with choice of religion for kids?

A

Clear, affirmative showing of harm to kids

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14
Q

“Reasonable access” in PP - valid?

A

Nope

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15
Q

Remember, if not on notice or not pled, court can’t do

A

(No answer)

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16
Q

If restrictng time with parent, what must findings say?

A

Timesharing must affect the welfare of the child to justify restirctions

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17
Q

What relief avalable if not exercising time?

A 
Makeup time
Fees
Parenting course
Community service
Put financial burden on other parent if live more than 60 miles
Other sanctions
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18
Q

What is test to implement social investiagtion?

A

Parenting plan at issue
AND parents don’t agree
AND study hasn’t been done or is done and insufficient

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19
Q

Who can do social investigation

A

Court staff, placing agency, psychologics, social worker, marital/familiy therapist, mental health counselor, DCF if indigent

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20
Q

When can social investigation be thrown out?

A

If not given to parents OR not given in enough time to depose expert (continue trial)

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21
Q

When can child hearsay be admitted?

A

Indications of trustworthiness
AND
Time/content/circumstances relfect sufficient safeguards for reliability

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22
Q

Must court order court reporter for in camera w/ child?

A

No, but you should for due process

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23
Q

When must GAL be appointed?

A

Allegations of child abuse, neglect, abandonment

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24
Q

What is the standard of review for PP?

A

Abuseo f discretion

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25
Q

Child isn’t in FL. Can FL do PP?

A

Yes, if child was removed to avoid having PP entered

26
Q

Does adultery matter for PPs?

A

Nope, unless it affects them

27
Q

Define relocation

A

Change in PRINCIPAL RESIDENCE
Of PARENT OR ACTING AS PARENT
50 miles
60 consecutive days

28
Q

Requirements for relocation by agreement

A

Consent
Has TS schedule
Has transportaiton arrangements

Then presumed BIC

29
Q

Name 8 requirements of petition to relocate

A 
Sworn
Description of location
Address
Phone
Date relocation
Reasons/job offer
TS and transport
Objection language IN ALL CAPS
30
Q

If no response to relo petition, what does court do?

A

Presume BIC, order relocation

31
Q

Requirements of objection to relo?

A

Verified

Specific Factual basis

32
Q

Someone files motion to temporary relocate. Standard to approve or deny?

A

Approve:
Petition properly filed
Likelihood of relocation
BIC

Deny:
Petition invalid
No agreement
Unlikely to prevail
No BIC
33
Q

Court grants temporary relocation. Time for trial. Is that order persuasive?

A

Nope. No presumption at trial.

34
Q

Pneumonic for relo factors?

A

PHARIE GOOSE

And then mister pit palnap

35
Q

What are relocation factors?

A

PHARIE GOOSE

Preference of child
History of DV/abuse
Age/development
Reasons for relocation
Involvement of parents
Enhancement of quality of life
Good faith of moving parent
Opportunities in new place (career)
Other factors
Substitute TS for other parent
Employment/economic factors on family
36
Q

Parenting plan and relocation - must court list all factors?

A

Relocation yes. Parenting plan no.

37
Q

Burden for relo?

A

Preponderance BIC to move, preonderance move not BIC

38
Q

What must be in order approving relocation?

A

Phone contact
Transportation costs
TS

39
Q

Stadnard of review for relocation?

A

Statutory findings - abuse of discretion

Application of factors - de novo

40
Q

Timeline for relo trials?

A

30 days for temporary, 90 days for final hearing

41
Q

Is relocation a substantial change in circumstances to modify PP?

A

Not by itself

42
Q

Objection to relocation not sworn - then what?

A

it’s good enough to need trial

43
Q

Order saying “no relocation outside of Dade.” Permissible?

A

No. Esp not if not tried or pled.

44
Q

Court changes 50/50 to 60/40 in contempt hearing. Permitted?

A

No, unless BIC/substantial change pled

45
Q

FJDOM says no one can move outside of Dade absent consent. You want to move to GA. What do you do?

A

Move to modify FJ and prove substantial change, then prove relocation.

46
Q

REmember Bock case - UCCJEA doesn’t remove jurisdiction from FL unless virtually all contacts lost. Priority to where kid lived 6 mo prior to proceeding.

A
47
Q

On 6/1, M files petition to relocate, not verified.
F objects
On 6/30, M verifies it.

Valid or invalid?

A

Valid, can cure lack of verification

48
Q

M files for relocation. M loses. Court gives custody to F. What now?

A

Wrong. unless F pled for custody, was not tried.

49
Q

Mom moves without consent. Files relocation. Now what?

A

COurt proceeds on relocation, if BIC/factors permit.

50
Q

M files relocation. She loses and moves anyways. What happens to schedule?

A

Stays the same unless she pled/proved modification as well.

51
Q

Relocation granted. M has to pay all transportation costs. Valid?

A

No, can’t hit one parent only with them absent findings/good cause.

52
Q

F wants to move and take kid. Court permits relocation, and says kid is in FL for spring and LA for fall. Now what?

A

Reverse, that wasn’t pled.

53
Q

What is the MR in MR HEARTFACT PIT PALNAP

A

Moral Fitness

Record at home/school

54
Q

What is the HEART in MR HEARTFACT PIT PALNAP

A 
HEALTH OF PARENTS
ENCOURAGE RELATIONSHIP WITH OTHER PARENT
ACT IN BIC
ROUTINE FOR CHILD
TRAVEL TIME
55
Q

WHAT IS fact IN MR HEARTFACT PIT PALNAP

A

False info on abuse/neglect
Actual abuse/neglect/dv
Communication methods with other parent
Tasks by each parent

56
Q

What is pit in MR HEARTFACT PIT PALNAP

A

Parental responsibilities after divorce
Informed by other parent
Time in stable home

57
Q

What is PAL in MR HEARTFACT PIT PALNAP

A

Participation in school/activities
Abuse of substances
Litigiation - kept separate

58
Q

What is NAP in MR HEARTFACT PIT PAL NAP

A

Needs/development of child
Anything else
Preference of child

59
Q

What is PHA in PHARIE GOOSE

A

PREFERNCE OF CHILD
HISTORY OF DV/ABUSE
AGE/DEVELOPMENT

60
Q

WHAT IS RIE IN PHARIE GOOSE

A

REASONS FOR RELOCATION
INVOLVEMENT OF PARENTS
ENHANCEMENT OF QUALITY OF LIFE FOR PARENT OR CHILD

61
Q

WHAT IS GOOSE IN PHARIE GOOSE

A 
GOOD FAITH OF MOVING PARENT
OPPORTUNITIES IN NEW PLACE (JOB)
OTHER FACTORS
SUBSTITTUE TIMESHARING FOR OTHER PARENT
ECONOMIC/EMPLOYMENT FACTORS
62
Q

What do you need to prove for exclusive use?

A

BIC

Affordable housing available to H

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