CHILDREN AND THE LAW
...Dependency Petitions
......Juvenile/Family Law Court Priority
 19 Cards On This Topic:
  • When child is dependent child of juvenile court, family law court cannot adjudicate custody.
  • Distinction between juvenile and family law courts.
  • As W&IC §316.2 grants exclusive jurisdiction over paternity issues to juvenile ct. upon filing a dependency petition, later family ct. order naming man with whom mother lived at C's birth a presumed F, on which the juvenile ct. relied, was void.
  • Juvenile court may not dismiss dependency petition on the basis of a pending family court case without giving DCFS the opportunity to prove risk.
  • Dispositional order reversed where it erroneously conditioned family ct.'s modification of juvenile ct.'s custody and visitation exit order upon proof of F's completion of drug and parenting programs and counseling.
  • Grandparent visitation order, issued over mother's objection in juvenile ct., did not infringe on her right to make decisions concerning the care, custody, and control of her child; unlike family law, no presumption of parental fitness here.
  • Error to sustain W&IC 300(b) petition alleging only that mother was mentally ill and unable to care for Cs where F was always, and is, capable of properly caring for them—should have stayed order until F obtained custody from family ct.
  • Exception to collateral estoppel allows relitigation of custody issues in juvenile court even though already litigated in family court.
  • When juvenile court takes custody away from legal guardian appointed by family court, without terminating guardianship, parent has right to try to regain custody.
  • Custody disputes between divorced parents who do not pose risk of detriment to child, should not be waged at taxpayers’ expense in juvenile courts but belong in family court.
  • Juvenile-family court responsibilities are different.
  • Juvenile court not collaterally estopped from reconsidering factually identical custody issues previously determined by family law court.
  • Juvenile ct. order, giving family law ct. access to dependency records in the event a party seeks to modify juvenile ct. family law order, does not violate due process or confidentiality rights.
  • Juvenile court order has priority over prior family law court order, even if some of same evidence previously considered.
  • Superior court custody order does not deprive juvenile court of jurisdiction to declare dependency and issue orders affecting custody.
  • Orders of juvenile court in dependency proceeding supersede orders in dissolution proceeding.
  • Custody order in divorce action does not prevent juvenile court from making orders to protect children.
  • First court to assume and exercise jurisdiction acquires exclusive jurisdiction. May not relitigate same precise issues in juvenile court.
  • Cases discussing juvenile/family law court priority.


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