BILL NUMBER: AB 1807 CHAPTERED
BILL TEXT
CHAPTER 116
FILED WITH SECRETARY OF STATE JULY 13, 2012
APPROVED BY GOVERNOR JULY 13, 2012
PASSED THE SENATE JUNE 28, 2012
PASSED THE ASSEMBLY APRIL 30, 2012
AMENDED IN ASSEMBLY APRIL 23, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Cook
(Coauthors: Assembly Members Achadjian, Jeffries, and Nestande)
(Coauthors: Senators Huff and Strickland)
FEBRUARY 21, 2012
An act to amend Section 3047 of the Family Code, relating to child
custody.
LEGISLATIVE COUNSEL'S DIGEST
AB 1807, Cook. Family law: child custody.
Existing law provides that a party's absence, relocation, or
failure to comply with custody and visitation orders is not, by
itself, sufficient to justify modifying a custody or visitation order
if the party's absence, relocation, or failure is due to his or her
activation to military service, mobilization in support of combat or
other military operation, or military deployment out of state, as
defined. Existing law authorizes a court to issue a temporary order
for custody and visitation for the period in which the party will be
deployed, mobilized, or on temporary duty. Under existing law, there
is a presumption that, upon the return of that party, the order shall
revert back to the custody order that was in place before the
modification unless the reversion is not in the best interest of the
child.
This bill would, after the deploying party returns from
deployment, prohibit the court from ordering a child custody
evaluation as part of its review of a temporary order unless the
party opposing reversion to the prior custody order makes a prima
facie showing that reversion would not be in the child's best
interest. Further, the bill would provide that neither a child's
absence from the state during a parent's deployment nor a
nondeploying parent's relocation during a parent's deployment while a
temporary modification order is in effect would terminate the family
court's jurisdiction for later custody modifications. This bill
would also prohibit a parent's deployment from being used as a basis
for asserting that the state court is an inconvenient forum for
custody orders. The bill would additionally express the intent of the
Legislature that family courts, to the extent feasible given
existing resources and court practices, prioritize and expedite child
custody cases when a military parent is deployed or returns from
deployment.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3047 of the Family Code is amended to read:
3047. (a) A party's absence, relocation, or failure to comply
with custody and visitation orders shall not, by itself, be
sufficient to justify a modification of a custody or visitation order
if the reason for the absence, relocation, or failure to comply is
the party's activation to military duty or temporary duty,
mobilization in support of combat or other military operation, or
military deployment out of state.
(b) (1) If a party with sole or joint physical custody or
visitation receives temporary duty, deployment, or mobilization
orders from the military that require the party to move a substantial
distance from his or her residence or otherwise has a material
effect on the ability of the party to exercise custody or visitation
rights, any necessary modification of the existing custody order
shall be deemed a temporary custody order made without prejudice,
which shall be subject to review and reconsideration upon the return
of the party from military deployment, mobilization, or temporary
duty.
(2) If the temporary order is reviewed upon return of the party
from military deployment, mobilization, or temporary duty, there
shall be a presumption that the custody order shall revert to the
order that was in place before the modification, unless the court
determines that it is not in the best interest of the child. The
court shall not, as part of its review of the temporary order upon
the return of the deploying party, order a child custody evaluation
under Section 3111 of this code or Section 730 of the Evidence Code,
unless the party opposing reversion of the order makes a prima facie
showing that reversion is not in the best interest of the child.
(3) (A) If the court makes a temporary custody order, it shall
consider any appropriate orders to ensure that the relocating party
can maintain frequent and continuing contact with the child by means
that are reasonably available.
(B) Upon a motion by the relocating party, the court may grant
reasonable visitation rights to a stepparent, grandparent, or other
family member if the court does all of the following:
(i) Finds that there is a preexisting relationship between the
family member and the child that has engendered a bond such that
visitation is in the best interest of the child.
(ii) Finds that the visitation will facilitate the child's contact
with the relocating party.
(iii) Balances the interest of the child in having visitation with
the family member against the right of the parents to exercise
parental authority.
(C) Nothing in this paragraph shall increase the authority of the
persons described in subparagraph (B) to seek visitation orders
independently.
(D) The granting of visitation rights to a nonparent pursuant to
subparagraph (B) shall not impact the calculation of child support.
(c) If a party's deployment, mobilization, or temporary duty will
have a material effect on his or her ability, or anticipated ability,
to appear in person at a regularly scheduled hearing, the court
shall do either of the following:
(1) Upon motion of the party, hold an expedited hearing to
determine custody and visitation issues prior to the departure of the
party.
(2) Upon motion of the party, allow the party to present testimony
and evidence and participate in court-ordered child custody
mediation by electronic means, including, but not limited to,
telephone, video teleconferencing, or the Internet, to the extent
that this technology is reasonably available to the court and
protects the due process rights of all parties.
(d) A relocation by a nondeploying parent during a period of a
deployed parent's absence while a temporary modification order for a
parenting plan is in effect shall not, by itself, terminate the
exclusive and continuing jurisdiction of the court for purposes of
later determining custody or parenting time under this chapter.
(e) When a court of this state has issued a custody or visitation
order, the absence of a child from this state during the deployment
of a parent shall be considered a "temporary absence" for purposes of
the Uniform Child Custody Jurisdiction and Enforcement Act (Part 3
(commencing with Section 3400)), and the court shall retain exclusive
continuing jurisdiction under Section 3422.
(f) The deployment of a parent shall not be used as a basis to
assert inconvenience of the forum under Section 3247.
(g) For purposes of this section, the following terms have the
following meanings:
(1) "Deployment" means the temporary transfer of a member of the
Armed Forces in active-duty status in support of combat or some other
military operation.
(2) "Mobilization" means the transfer of a member of the National
Guard or Military Reserve to extended active-duty status, but does
not include National Guard or Military Reserve annual training.
(3) "Temporary duty" means the transfer of a service member from
one military base to a different location, usually another base, for
a limited period of time to accomplish training or to assist in the
performance of a noncombat mission.
(h) It is the intent of the Legislature that this section provide
a fair, efficient, and expeditious process to resolve child custody
and visitation issues when a party receives temporary duty,
deployment, or mobilization orders from the military, as well as at
the time that the party returns from service and files a motion to
revert back to the custody order in place before the deployment. The
Legislature intends that family courts shall, to the extent feasible
within existing resources and court practices, prioritize the
calendaring of these cases, avoid unnecessary delay or continuances,
and ensure that parties who serve in the military are not penalized
for their service by a delay in appropriate access to their children.