CHILDREN AND THE LAW
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Dependency Petitions
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Dismissal of Dependency
.........Exit Orders
18 Cards On This Topic:
Juvenile court exit orders after termination of dependency; protective orders.
Juvenile court, when terminating dependency, may issue order conditioning visitation on parent’s participation in counseling; order not governed by FC 3190.
In modifying juv. ct.'s Exit Order, fam. ct. struck an appropriate balance in agreeing changed circumstances warranted modification of mother's visitation schedule but finding the changes did not justify her request for custody.
Fam. ct. did not violate FC 3041.5 by requiring mother to submit to drug testing indefinitely as visitation condition and ordering that a positive drug test would trigger a return to the schedule imposed by the juv. ct.'s Exit Order.
Juvenile court properly ordered grandparent visitation under W&IC 362.4 and terminated dependency jurisdiction; Fam. Code inapplicable.
When oral visitation order conflicts with form judgment, oral order controls—oral order was not an improper delegation of authority to parents to determine visitation.
Exit order allowing supervised visitation by F "to be determined by the parents" improperly delegated to mother the discretion to allow visitation.
As juvenile court had established guardianship for Cs, it had no authority to terminate jurisdiction and refer to family court; juvenile court required to hold evidentiary hearing on F's W&IC 388 petition.
Juvenile court erred by issuing exit order significantly reducing F's visitation, based solely upon an interlineated stipulation of questionable validity.
In modifying juvenile court exit order, family court erred in not using "change of circumstances" rule as mandated by W&IC 302(d).
Exit order requiring parents' mediated agreement re telling C about his paternity, was proper, a collateral order reasonably related to custody and visitation orders; rulings properly moved custody dispute to family court.
Court cannot require F with full custody to get mother's consent or court order before removing C from state but F must give mother written notice before move.
Giving private therapists sole discretion to permit father’s visitation with children is unlawful delegation of judicial authority.
Noncustodial parent entitled to evidentiary hearing before juv. court decides custody and visitation issues ancillary to termination of jurisdiction and transfer to family court.
Juvenile court exit orders presuppose ongoing family law case and are in nature of pendente lite orders in family law; may not be made nonmodifiable.
When terminating dependency action, juvenile ct. may issue "exit orders" determining custody of child in pending dissolution action.
Juvenile court has power under W&IC §364 and W&IC §362.4 to receive evidence re appropriate visitation order; need not file W&IC §388 petition.
Cases discussing various aspects of dependency exit orders.