CHILDREN AND THE LAW
...Dependency Petitions
......Jurisdictional Hearing
.........Servicemembers Civil Relief Act
5 Cards On This Topic:

Servicemembers Civil Relief Act.

Juvenile court erred in refusing to stay proceedings for 90 days per SCRA where Navy letter met statutory conditions; SCRA's mandatory stay provision overrides W&IC 352(b) and ASFA.

Granting ••additional•• stay under Servicemembers Civil Relief Act is discretionary, and may be denied if member's ability to appear and take part in civil action is not adversely affected by military duties.

No abuse of discretion in denying stay in dependency proceedings under Soldiers' and Sailors' [now Servicemembers] Civil Relief Act where F's ability to conduct defense not materially affected by military service.

Denial of stay for Navy F proper where he showed no interest in C and could not show how military service prevented him from complying with case plan or court orders.