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Last Update:
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FOR: Active: Custody Bill 2 -AB 2288 (Dymally): “Family Law Conflict Reduction Act of 2006” This bill would declare the Legislature's intent to enact legislation to reduce conflict among parties in family law court. Status: this spot bill took over Custody Bill 1, in part, by including some of its language. Amendments have been agreed on with the legal groups and should be posted next week for a hearing date to be set. FLEXCOM (family law attorney organization) is sending out an alert to have everyone support. CPS Bill: “Parental Due Process Act” –Federal bill relating to the termination of parental rights, and has nine points: 1) Provides a declaration that parenting is a fundamental right subject to strict scrutiny. 2) Will require a public hearing prior to termination parental rights. 3) Will provide for a jury determination prior to termination parental rights. 4) Will require interviews with child to be recorded, recording made available to parent 10 days prior to hearing. 5) Sets the criteria for making an evidentiary finding –proof beyond a reasonable doubt, with safeguards against being coerced to waive one’s rights. 6) Removes civil immunity where fraudulent conduct is proven. 7) Presumes damages exist when parental rights are terminated. 8) Provides for attorney fees. 9) Severability Status: (Federal bill): TBD –still in talks. (Related State bill): AB 2130 (DeVore) (Court shall consider cultural similarity when placing children in homes after termination of parental rights) this bill failed in committee, due to strong opposition from gay/lesbian lobbying. Military Bill: “Uniform Services Divorce Act” –Federal bill that deals with Military Retirement Pay, and has eight points: 1) Sets the
term and amount of retirement paid to ex-spouse 2) Specifies that payments are not made until ex-spouse reaches retirement age. 3) Specifies that payments stop once ex-spouse is remarried. 4) Specifies that ex-spouse does not receive pension pay where ex-spouse received education/job placement due to member’s service. 5) Specifies that payments stop if ex-spouse is fraudulently unemployed / underemployed. 6) In
accordance with federal law, authorizes the court to consider adultery in
determining eligibility for 7) Specifies that a pension benefit order may be retroactive to calculate amount, but not to order immediate repayment. 8) Specifies that arrears are limited to two years prior date of order. Status: CAFC has located authors for introduction next year. In addition, this legislation is supported by the Americal Retirees Association. Inactive: Custody Bill 1: This is a custody intervention bill with three major points: 1) Will require parents to participate in conflict resolution prior to mediation and prior to the court making any custody orders. 2) In contested cases, if the court doesn’t order joint custody with at least a 40% timeshare, requires the court to include a specific finding of why its order is in the child’s best interest. 3) Creates a recourse in cases where a parent does not comply with a visitation order. Status: Couldn’t get enough political commitments for all the desired language. Currently on hold, and will proceed with partial language through Custody Bill 2 DV Bill 1: This is a DV Due process bill, which amends existing Family Code § 3044 and has two points: 1) Stops baseless DV Ex Parte orders for a custody change, and requires a hearing, a confession, or at least evidence. 2) Sets the criteria for making an evidentiary finding. Status: CAFC could not assure the author it has sufficient resources to provide sustained information support against the opposition, so authors declined to carry the bill. DV Bill 2: This bill adds new Family Code § 3044.5, and will order fines and attorney fees where it is proven that a DV accusation was knowingly false. Status: As above, CAFC could not assure the author it has sufficient resources to provide sustained information support against the opposition, so authors declined to carry the bill. Child Support l: CAFC was hoping for a bill for a vehicle for some reforms to the child support arrears process, which had seven points that are still being negotiated. Extends Family Code § 17560 “offer & compromise” for three more years (due to sunset Jan. 2007). Will require follow up on setting support orders too high. 3) Will provide safeguards in default cases: improve notice and service 4) Will require a potential obligor to be provided with notice. 5) Will require DCSS to be proactive in clearing out its records to reflect the actual number of arrears cases. 6) Will eliminate or substantially reduce the accrual of interest on arrears. 7) Will require “weekend” community service or work projects in cases of intentional non-payment of support (instead of jail or license revoke). Again, CAFC could not assure the author it has sufficient resources to provide sustained information support against the opposition, so author declined to carry the bill. Specifically, the author decided at the last minute to not carry it because of strong opposition by DCSS. However, an agreement had been worked out with the administration to extend Family Code § 17560. Also, CAFC is still seeking to include more amendments. AGAINST: SB1482
(Romero) Child Custody: This bill is the latest “Move Away”
bill. In short, it creates a “presumptive
right” for a custodial parent to move the child away from his/her other
parent and increases the burden of the other parent to actually prove the
harm that will be done to the child before it actually happens. AB2051 (Cohn) Domestic Violence: This bill was triggered as a response to the class action law suite file by Marc Angelucci. CAFC has been working closely with Angelucci since the beginning on this. Opposition letters from many professionals have already been filed. SB 1402 (Kuehl) Spousal rape: This bill is the most dangerous piece of legislation up this year and must be stopped. CAFC, Public Defenders Association and Criminal Defense attorneys groups all opposed this bill, but it still passed out of the senate public safety committee. CAFC and Glenn Sacks are working on a campaign plus more opposition. AB 2440 (Klehs) Child Support Liabilities: This bill is also very dangerous. The bill already has strong opposition because of due process issues including FLEXCOM. |
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