September 29, 2017

More information is needed to better answer your questions. The main issue will be if juvenile court has granted concurrent jurisdiction under Iowa Code sec. 232.3 and what the default decree is going to pertain to. If the decree only has to do with property, it really shouldn’t change much in the CINA. However, my assumption would be that it deals with custody. If the decree has anything to do with custody of the children, and you do not have concurrent jurisdiction, you cannot enter any district court order, default or otherwise, while the CINA is ongoing.

As far as the impact, more information is needed as to the specifics of your case. Like where the kids are currently placed, what the case permanency plan is (if you know), if DHS feels like the district court decree will be sufficient enough to address their safety concerns.

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As the previous poster stated, juvenile court has exclusive jurisdiction. One of the parties should have let the district court know that there was a CINA, and the district court matter should have been stayed. Until concurrent jurisdiction is granted, that decree means nothing.

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September 28, 2017

The juvenile court has exclusive jurisdiction over custody and visitation matters. Unless the juvenile court has granted concurrent jurisdiction, the district court does not have the authority to do anything regarding custody and visitation. I do not think you can have a meaningful divorce decree without addressing those matters.

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Does anyone have any experience of filing a default dissolution decree after a child has been adjudicated in need of assistance, but before the dispositional hearing?  Does anyone know what type of impact this will have on the dispositional hearing?

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