ase Law needed re: Making a court order by the juvenile court "permanent" or ...

[CaliCat]

ase Law needed re: Making a court order by the juvenile court "permanent" or ...

What is the name of your state? California

I need case law either making a juvenile court order permanent or at least unchangeable by a family court (a lower court in my state). My boyfriend may get his daughter back again, but each time he does, his ex makes an allegation of attempted murder of the child (the last time she claimed that she was too stupid to look outside and see that he, the girl, and I were with a couple of police officers from the civil standby for exchange!). Then Judge Appel, a judge in the family court in Stockton, CA, overturns the court orders put in place by the juvenile court. Again and again. We're filing a CCP 170.1 on her ass, but we don't want another family court judge to be able to do the same. The ex and her attorney don't mention the juvenile cases in court, all done ex parte, and custody is overturned. Does anyone know of any sources for the case law that we need?

(Yes, I say WE beause what affects one of us in this relationship affects both of us, even if I am not a "party" to the case.)

Anyone who will be rude, please keep out of this. A child's life is far more important that having the "opportunity" to harass me.

 

[CaliCat]

Any help?

This regards a child who just spent her birthday in a foster home, when she already spent her 4th birthday there as well. She turned 5 on Tuesday. Her last two Christmases were there also. She shouldn't have to be there for Easter again too.

 

[I AM ALWAYS LIABLE]

My response:

Find, and read, the recent case entitled - -

In re C.T. (2002) 100 Cal.App.4th 101

also,

Notwithstanding a pending domestic relations proceeding or a preexisting family court order, and regardless of an asserted similarity in factual circumstances, the juvenile court, in its capacity as "parens patriae," has paramount and exclusive jurisdiction over matters relating to the custody of and visitation with a child who is the subject of a juvenile court dependency proceeding. Until the dependency petition is dismissed or dependency terminated, the family court's child custody/visitation jurisdiction is preempted. [Ca Wel & Inst § 304; Ca Rules of Court Rule 1429.1(a)]

The juvenile court's fundamental role is the protection of minor children on behalf of the state, while that of the family court is dissolution of marriages and adjudication of custody rights as between the parents. [See In re Chantal S. (1996) 13 Cal.4th 196, 200-201, 51 Cal.Rptr.2d 866, 868-869 (describing distinction between "juvenile" and "family" courts); In re Sade C. (1996) 13 Cal.4th 952, 959, 55 Cal.Rptr.2d 771, 773, fn. 1 (same)]

Because the two departments serve different purposes, the issues before them can never be identical; and therefore, the family court's prior jurisdiction does not affect the jurisdiction of the juvenile court. [Dupes v. Super.Ct. (1917) 176 Cal. 440, 441-442, 168 P 888, 889; In re Desiree B. (1992) 8 Cal.App.4th 286, 291-293, 10 Cal.Rptr.2d 254, 257-259 (citing text)]

For the same reasons, however, once juvenile court dependency jurisdiction terminates, the family court's custody jurisdiction is fully restored. It is immaterial that the facts and circumstances raised in the subsequent family law proceeding are the same as those adduced in the prior dependency proceeding. [See In re Carissa G. (1999) 76 Cal.App.4th 731, 736, 90 Cal.Rptr.2d 561, 564]

Coordination/consolidation:
Juvenile court preemptive jurisdiction does not necessarily require that a pending family law custody matter be dismissed. Some courts have local rule procedures whereby simultaneously-pending juvenile and family court custody/visitation proceedings affecting the same child will be coordinated and consolidated for trial before a single judicial officer. [See L.A. Super.Ct. Rule 2.6--consolidation for trial should occur in the "more appropriate department," keeping in mind that "juvenile court has overriding jurisdiction in matters affecting the custody of children"]

Limitation--juvenile court preemptive jurisdiction re dependent minors:
A family law court's jurisdiction to issue orders affecting the custody of a minor child is preempted if the child has been adjudicated (and still remains) a dependent of the juvenile court. In such cases, jurisdiction to issue custody or visitation orders regarding the dependent minor lies exclusively with the juvenile court. Despite a pending marital proceeding, neither the family law court nor any other division of any superior court may adjudicate custody issues so long as the minor remains within juvenile court jurisdiction. [Ca Wel & Inst §§ 302(c), 304

There's much, much more, and it's too involved for the limitations of this forum. So, your boyfriend REALLY needs to read the cases, above, and then see his Family Law attorney for a discussion of these cases, and his next steps.

IAAL

 

[CaliCat]

"For the same reasons, however, once juvenile court dependency jurisdiction terminates, the family court's custody jurisdiction is fully restored."

That's what we're afraid of happening.

"Limitation--juvenile court preemptive jurisdiction re dependent minors:
A family law court's jurisdiction to issue orders affecting the custody of a minor child is preempted if the child has been adjudicated (and still remains) a dependent of the juvenile court. In such cases, jurisdiction to issue custody or visitation orders regarding the dependent minor lies exclusively with the juvenile court. Despite a pending marital proceeding, neither the family law court nor any other division of any superior court may adjudicate custody issues so long as the minor remains within juvenile court jurisdiction."

Does this mean she will remain in the jurisdication of the juvenile court, even after the case closes, because she is a currently a ward of the state? The mother pleaded guilty yesterday to emotional and physical abuse and abandonment and the father pleaded guilty of emotional harm (what happened: he got her back from the mother by an EPO after 6 months of not even being allowed to send her gifts and was notified he had to take the child to the children's shelter after having her 12 hours because the mom made an allegation, already proven false, that he would harm the child-the child was upset her dad had to leave her and she kicked a toy at the shelter--that's all that happened and the reports back it up).

Every time the father gets custody, the mother goes to family court and has it overturned. Since it is a different court from the juvenile court making custody rulings, the family court doesn't see the juvenile file. But if there were something in the family file barring them from making rulings on custody and EPOs, then it would go up to the juvenile court back to the judge intimately knowledgeable of the case.

 

[CaliCat]

Since power keeps going out after I type something long and don't post, I'm making this two posts.

His attorney is state appointed, and she has 45 cases on her workload. My boyfriend spent an entire trust fund on court costs (his family is not wealthy, but he got an inheritance from a semi-distant relative who was). His ex's mom's girlfriend (and the mom's husband is also there) gets money from the girlfriend's wealthy parents for court costs. The attorney my bf has is the only court attorney in the county system who has not worked with the ex of her mother or father. She's been an attorney just since late 1998, and is considered the best for this type of case (I don't know if that's good or not in the end-5 years' experience is the best?). We don't blame her for not having time, so we do a lot of the research ourselves.

Due to some stuff I found, the custody evaluator is off the case and may lose his license. I proved he doesn't have the training required under Fam. Code 3110.5(a) that he claimed to have, and a whole string of violations under B&P 4982. He is also practicing as a medical doctor when he is a psychologist. On top of that, he is compensated by the ex's law firm for finding in the favor of whoever they represent. The judge is pulling payment from the psychologist on this case.

I know I'm far from it, but in many ways I feel like I'm a semi-attorney from the amount of time I spend on this case doing research, and the amount of time I soend researching for the men in the fathers' rights group.

 

[CaliCat]

Sorry to make this a third, but I wanted to thank you for your in-depth answer. It was more than I was hoping for, and I mean that in a very good way. I've pulled up the first case, but will read every case and law you mentioned. Could you please clarify the question I had in the first of these three posts?

" 'Limitation--juvenile court preemptive jurisdiction re dependent minors:
A family law court's jurisdiction to issue orders affecting the custody of a minor child is preempted if the child has been adjudicated (and still remains) a dependent of the juvenile court. In such cases, jurisdiction to issue custody or visitation orders regarding the dependent minor lies exclusively with the juvenile court. Despite a pending marital proceeding, neither the family law court nor any other division of any superior court may adjudicate custody issues so long as the minor remains within juvenile court jurisdiction.'

"Does this mean she will remain in the jurisdication of the juvenile court, even after the case closes, because she is a currently a ward of the state?"

I do understand you probably can't answer for fact without all the thousands of pages of documentation to wade through, and that one never knows what a judge will do for sure, but any help is so appreciated.

 

[I AM ALWAYS LIABLE]

My response:

You asked,

"Does this mean she will remain in the jurisdication of the juvenile court, even after the case closes, because she is a currently a ward of the state?"


There is no way to answer this question. You said it best when you stated,

"I do understand you probably can't answer for fact without all the thousands of pages of documentation to wade through, and that one never knows what a judge will do for sure . . ."

I would have to toss a coin to give you an answer.

IAAL

 

[CaliCat]

Damn. Not your fault though.

I found the case law for In re C.T. (2002) 100 Cal.App.4th 101 and have been searching for In re Chantal S. (1996) 13 Cal.4th 196, 200-201, 51 Cal.Rptr.2d 866, 868-869 and In re Sade C. (1996) 13 Cal.4th 952, 959, 55 Cal.Rptr.2d 771, 773, fn. 1 but to no avail. Would it bug you if I asked for help?

 

[I AM ALWAYS LIABLE]

Damn. Not your fault though.

I found the case law for In re C.T. (2002) 100 Cal.App.4th 101 and have been searching for In re Chantal S. (1996) 13 Cal.4th 196, 200-201, 51 Cal.Rptr.2d 866, 868-869 and In re Sade C. (1996) 13 Cal.4th 952, 959, 55 Cal.Rptr.2d 771, 773, fn. 1 but to no avail. Would it bug you if I asked for help?

My response:

There are many discussions, and commentaries, concerning - -

In re Chantal S. (1996) 13 Cal.4th 196
starting here: http://www.google.com/search?q=In+re+Chantal+S.+(1996)+13+Cal.4th+196&hl=en&lr=&ie=UTF-8&oe=UTF-8&start=10&sa=N

and

In re Sade C. (1996) 13 Cal.4th 952
starting here: http://www.google.com/search?q=+In+re+Sade+C.+(1996)+13+Cal.4th+952&btnG=Google+Search&hl=en&lr=&ie=UTF-8&oe=UTF-8


IAAL