BILL NUMBER: SB 1151	CHAPTERED  07/05/01

	CHAPTER  48
	FILED WITH SECRETARY OF STATE  JULY 5, 2001
	APPROVED BY GOVERNOR  JULY 4, 2001
	PASSED THE ASSEMBLY  JUNE 25, 2001
	PASSED THE SENATE  MAY 14, 2001
	AMENDED IN SENATE  MARCH 29, 2001

INTRODUCED BY   Senator Margett

                        FEBRUARY 23, 2001

   An act to amend Section 917.7 of the Code of Civil Procedure,
relating to appeals.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1151, Margett.   Child custody:  appeals or orders or
judgments.
   Existing law provides that judgments or orders allowing, or
eliminating restrictions against, removal of a minor child from the
state are automatically stayed for 7 days if entered in a juvenile
court proceeding, and 30 days if entered in any other trial court
proceeding, in order to allow time for an appeal.
   This bill would exclude from these automatic stay provisions
judgments brought pursuant to the Uniform Child Custody Jurisdiction
and Enforcement Act, the Parental Kidnapping Prevention Act of 1980,
or the Hague Convention on the Civil Aspects of International Child
Abduction, implemented pursuant to the International Child Abduction
Remedies Act.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 917.7 of the Code of Civil Procedure is amended
to read:
   917.7.  The perfecting of an appeal shall not stay proceedings as
to those provisions of a judgment or order which award, change, or
otherwise affect the custody, including the right of visitation, of a
minor child in any civil action, in an action filed under the
Juvenile Court Law, or in a special proceeding, or the provisions of
a judgment or order for the temporary exclusion of a party from a
dwelling, as provided in the Family Code.  However, the trial court
may in its discretion stay execution of these provisions pending
review on appeal or for any other period or periods that it may deem
appropriate.  Further, in the absence of a writ or order of a
reviewing court providing otherwise, the provisions of the judgment
or order allowing, or eliminating restrictions against, removal of
the minor child from the state are stayed by operation of law for a
period of seven calendar days from the entry of the judgment or order
by a juvenile court in a dependency hearing, or for a period of 30
calendar days from the entry of judgment or order by any other trial
court.  The periods during which these provisions allowing, or
eliminating restrictions against, removal of the minor child from the
state are stayed, are subject to further stays as ordered by the
trial court or by the juvenile court pursuant to this section.  An
order directing the return of a child to a sister state or country,
including any order effectuating that return, made in a proceeding
brought pursuant to the Uniform Child Custody Jurisdiction and
Enforcement Act (Part 3 (commencing with Section 3400) of Division 8
of the Family Code), the Parental Kidnapping Prevention Act of 1980
(28 U.S.C. Sec. 1738A), or the Hague Convention on the Civil Aspects
of International Child Abduction (implemented pursuant to the
International Child Abduction Remedies Act (42 U.S.C. Secs.
11601-11610)) is not a judgment or order which awards, changes, or
otherwise affects the custody of a minor child within the meaning of
this section, and therefore is not subject to the automatic stay
provisions of this section.