CALIFORNIA FAMILY LAW
...Procedure After Trial/Hearing
......Attack on Judgments/Orders
.........Servicemembers Civ. Relief Act
6 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.
  • Failure to appoint counsel to represent interests of member of military is basis to vacate order.
  • Relief under Soldiers' and Sailors' Civil Relief Act can be sought by military person at any time up to 90 days after s/he is separated from service.
  • Cannot vacate adverse judgment when servicemember failed to request stay.