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§1.06 Jurisdiction After Petition Filed

Once a petition to declare dependency is filed, your court has sole jurisdiction over custody, visitation, and parentage issues until the petition is dismissed or dependency is terminated. While the proceeding is pending, the Family Court has no authority to award or change custody or to make orders regarding visitation. The Probate Court also has no authority to establish a guardianship or to modify or terminate an existing guardianship. [WIC §§304, 316.2(e); CRC 5.510(c), 5.620(a).]

Generally the filing of a notice of appeal deprives the trial court of jurisdiction of the cause and vests jurisdiction with the appellate court until the reviewing court issues a remittitur. [CCP §916(a).] However, an exception exists concerning appeal from an order that awards, changes, or otherwise affects the custody of a dependent child, in that during the pendency of the appeal, the trial court retains jurisdiction to make subsequent findings and orders during the pendency of the child’s dependency case. [CCP §917.7.] No matter the status of any related appellate proceeding, the juvenile court has the authority and duty to act to protect the safety of the child. [In re Anna S. (2010) 180 CA4th 1489, 1502.]


   
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© 2006 by Judicial Council of California
updated as of January 1, 2012